Washington Wrongful Termination Checklist: Do You Have a Case?

Quick Answer: Not every unfair firing is illegal in Washington's at-will employment state. However, terminations that violate anti-discrimination laws, retaliation protections, public policy, or employment contracts may be wrongful. Use this checklist to evaluate whether you might have a claim and what steps to take next.

Being fired feels wrong. This checklist helps you determine if it was illegal.

Quick Assessment Questions

Start Here

Answer these initial questions:

• Were you an employee (not an independent contractor)?
• Were you terminated, forced to resign, or constructively discharged?
• Did termination occur within the last 3 years?

If you answered yes to all three, continue with the full checklist.

Checklist 1: Discrimination Claims

Protected Characteristics

Were you terminated because of any of these characteristics?

• Race or color
• National origin or ancestry
• Sex or gender
• Sexual orientation
• Gender identity or expression
• Age (40 or older)
• Disability (physical, mental, sensory)
• Religion or creed
• Pregnancy or childbirth
• Marital status
• Veteran or military status
• HIV/AIDS or hepatitis C status

Evidence of Discrimination

Check all that apply:

• Comments by supervisors/managers about your protected characteristic
• Different treatment compared to employees without your characteristic
• Pattern of terminating employees with your characteristic
• Timing: termination followed disclosure of protected status
• Pretextual reasons given for termination
• Statistics showing disparate treatment
• Direct statements showing bias

If you checked items in both sections, you may have a discrimination claim.

Checklist 2: Retaliation Claims

Protected Activities

Were you terminated after engaging in any of these activities?

• Filing a discrimination complaint (internal or agency)
• Reporting harassment
• Participating in a discrimination investigation
• Requesting disability accommodation
• Requesting religious accommodation
• Taking FMLA or PFML leave
• Filing a wage complaint
• Reporting safety violations
• Whistleblowing about illegal activity
• Discussing wages with coworkers
• Filing workers' compensation claim
• Supporting a coworker's complaint

Evidence of Retaliation

Check all that apply:

• Termination occurred shortly after protected activity
• Supervisor expressed displeasure about your protected activity
• Treatment changed after protected activity
• Reasons given for termination are pretextual
• Others who engaged in similar protected activity were also punished
• No performance issues before protected activity

If you checked items in both sections, you may have a retaliation claim.

Checklist 3: Public Policy Violations

Actions Taken

Were you terminated for any of these reasons?

• Refusing to violate the law
• Reporting illegal activity (internal or external)
• Exercising a legal right (voting, jury duty, military service)
• Performing a public duty or obligation
• Refusing unsafe work that posed imminent danger
• Filing workers' compensation claim

Evidence of Public Policy Violation

Check all that apply:

• Clear connection between protected action and termination
• Employer knew about your protected action
• Timing shows termination followed protected action
• Employer expressed displeasure about your protected action
• No legitimate reason for termination

If you checked items in both sections, you may have a public policy claim.

Checklist 4: Contract Claims

Employment Agreement

Do any of these apply?

• Written employment contract with termination provisions
• Offer letter promising specific employment terms
• Employee handbook with termination procedures
• Verbal promises about job security
• Past practice of following specific procedures
• Union contract or collective bargaining agreement

Contract Breach Evidence

Check all that apply:

• Employer didn't follow promised termination procedures
• Employer violated specific contract provisions
• Employer ignored progressive discipline policy
• Employer didn't provide promised severance
• Employer terminated before contract end date
• Employer breached implied covenant of good faith

If you checked items in both sections, you may have a contract claim.

Checklist 5: Whistleblower Protections

Reporting Activity

Did you report any of these?

• Violations of state or federal law
• Fraud or financial impropriety
• Threats to public health or safety
• Abuse of authority
• Gross waste of public funds (public employees)
• Environmental violations

Evidence of Whistleblower Retaliation

Check all that apply:

• Termination followed your report
• Employer knew you made the report
• Stated reason for termination is pretextual
• Others who reported similar issues were punished
• Treatment changed after you reported

If you checked items in both sections, you may have a whistleblower claim.

Red Flags: Strong Evidence of Wrongful Termination

Timing Red Flags

• Fired within days or weeks of protected activity
• Terminated right after returning from protected leave
• Fired shortly after requesting accommodation
• Let go immediately after filing complaint

Treatment Red Flags

• Sudden negative performance reviews after years of positive ones
• New criticisms that never existed before
• Increased scrutiny compared to other employees
• Exclusion from meetings or opportunities before termination

Reason Red Flags

• Vague or shifting explanations for termination
• Minor violations punished severely
• Rules applied to you but not others
• Reason doesn't match documented history

Pattern Red Flags

• Others in your protected class also terminated
• History of complaints about similar treatment
• High turnover in your protected group
• Supervisor has pattern of bias

What These Results Mean

Multiple Checks in Any Category

You may have a viable wrongful termination claim. The more boxes checked, the stronger your potential case. Consult an employment attorney.

Checks in Multiple Categories

You may have multiple claims (discrimination AND retaliation, for example). This can strengthen your overall case and increase potential damages.

Few or No Checks

Your termination may have been legal even if unfair. Washington is an at-will state, and employers can terminate for most reasons. Consider consulting an attorney to be sure.

Next Steps After Completing Checklist

If Your Checklist Shows Potential Claims

Immediate actions:

1. Don't sign anything without legal review
2. Preserve all evidence (emails, documents, notes)
3. Write down everything while it's fresh
4. Identify witnesses who can support your account
5. Calculate your damages (lost wages, etc.)

Within first week:

1. File for unemployment benefits
2. Review any severance offer carefully
3. Request your personnel file
4. Consult an employment attorney

Know your deadlines:

• WSHRC: 1 year
• EEOC: 300 days
• WLAD lawsuit: 3 years

If Your Checklist Shows No Clear Claims

You may still want to:

1. Consult an attorney (many offer free consultations)
2. File for unemployment benefits
3. Review any severance offer
4. Focus on finding new employment

Remember: This checklist is a starting point, not a final answer. Employment law is complex, and an attorney may identify claims you missed.

Evidence Gathering Checklist

Documents to Obtain

• Personnel file
• Performance reviews
• Emails related to termination
• Termination letter or documentation
• Employee handbook
• Employment contract or offer letter
• Any complaints you filed
• Written warnings or disciplinary actions
• Your own notes about events

Information to Document

• Timeline of events
• Names of witnesses
• What was said at termination
• Who made the decision
• Comparisons to how others were treated
• Any promises made to you

Questions to Answer Before Consulting Attorney

Be prepared to discuss:

1. When did termination occur?
2. What reason was given?
3. What do you believe is the real reason?
4. What protected activities did you engage in?
5. What changed before termination?
6. Who can support your account?
7. What documents do you have?
8. What are your damages?
9. Have you signed anything?
10. What outcome do you want?

Frequently Asked Questions

How many boxes should I check to have a case?

There's no magic number. Even one strong indicator can support a case. Quality of evidence matters more than quantity.

What if I was a bad employee?

Being imperfect doesn't eliminate claims. If the real reason was discrimination or retaliation, performance issues may be pretextual.

Can I still have a case if I resigned?

Possibly. Constructive discharge (forced resignation due to intolerable conditions) is legally treated as termination.

What if I signed a severance agreement?

You may have waived some claims. Have an attorney review what you signed. Some waivers are invalid if proper procedures weren't followed.

How much does this cost?

Many employment attorneys offer free consultations and work on contingency (paid from your recovery). Initial evaluation often costs nothing.

Related Topics

• Washington Wrongful Termination
• Washington At-Will Employment
• Washington Workplace Discrimination
• Washington Workplace Retaliation
• Washington Wrongful Termination Damages

Take Action

This checklist helps you organize your thoughts, but it's not a substitute for legal advice. If you've identified potential claims, consult an employment attorney.

Next steps:

1. Complete this checklist thoroughly
2. Gather documentation
3. Note your deadlines
4. Consult an employment attorney
5. File appropriate complaints within time limits

Your termination may have been illegal. Find out for sure.

Legal Disclaimer

This checklist provides general information to help you evaluate a potential wrongful termination claim in Washington. It is not legal advice. Many factors affect whether you have a viable claim. For advice about your specific situation, consult a qualified employment attorney.

Completing this checklist does not create an attorney-client relationship.