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Washington D.C. Wrongful Termination Laws
The District of Columbia has some of the most comprehensive civil rights protection laws in the country, with numerous local laws supplementing the Federal Labor Standards Act of 1938 and the Civil Rights Act of 1964. And while there is a local EEOC office which employees can contact for help, claims, or advice, employees may also file private civil suits with the help of an attorney. The District of Columbia is also an “at will” municipality, allowing both employees and employers to have the right to terminate employment for any reason except those specifically outlined in federal and local laws.
District of Columbia’ Specific Labor Laws
In addition to federal laws, there are an extensive number of supplemental anti-discrimination laws relating to the workplace, which include the following:
|
Benefit |
State Law |
Additional Benefits |
|
Right to Work |
No |
|
|
State Minimum Wage |
$7.00 or FLSA rate + $1.00 |
Maximum tip credit $4.23; minimum wage for tipped employees $2.79 |
|
State Military Leave |
No |
|
|
Jury Duty |
Yes |
Paid leave for full time employees, regular pay for first 5 days |
|
Voting |
No |
|
|
Garnishment |
Yes |
No employee can have more than 10% of gross wages withheld in any month until $200 or more has been withheld; no more than 20% in any month until $500 or more withheld; no limit on garnishments; no retaliation allowed; $2 fee for each child support garnishment |
|
State Family & Medical Leave |
Yes |
For employers with 20 or more employees; employees who have worked a year or at least 1,000 hours or more in previous 12 months; 16 weeks leave in any 12-month period for childbirth, adoption, maternity, or serious health condition of employee or family member; leave for school events up to 24 hours/year; family members must be related by blood, custody, or marriage, share the residence, a committed relationship, or a permanent parent-child responsibility/relationship |
|
Arrest & Conviction Records |
Yes |
Employee not required to reveal any record that has been expunged |
|
Discrimination |
Yes |
1 or more employees; age (18 and older); national origin; disability (physical or mental), HIV/AIDS; gender; marital status (including domestic partnerships); pregnancy, child birth, & parenthood; race; religion; sexual orientation; genetic testing; enrollment in vocational or higher education; family duties; source of income; place of residence or business; personal appearance; political affiliation; smoking; anything other than individual merit |
|
Whistleblower |
Yes |
Public employees |
|
Plant Closings |
Yes |
For new contractors assuming service contracts with 25 or more nonprofessional employees (food, health, janitorial); within 10 days new contractor must hire all former employees with at least 8 months service for 90 days, after which a written performance review is the basis for retaining only satisfactory employees; replaced contractors awarded similar contracts within 30 days must hire 50% or more of former employees |
*These laws change often, so consult local statutes for the most up-to-date information.
District of Columbia Discrimination Laws
District of Columbia has a wide range of supplemental local laws protecting employees from wrongful termination. Those laws are in addition to the federal laws protecting the basic rights of race, color, religion, sex or national origin. If discrimination occurs, employees may file a claim with local agencies or through a private employee rights attorney, according to these guidelines:
- The state does not preempt the right of employees to privately pursue discrimination claims for wrongful termination.
- Employees are permitted to recover attorney’s fees from a defendant.
- Statute of limitations is 1 year.
Filing a Claim for Wrongful Termination
Those who are victims of wrongful termination may file a claim with the District of Columbia EEOC as well as the Office of Human Rights, which, if they deem the case valid, will pursue the following procedures:
- Investigation
- Mediation/Conciliation
- File a lawsuit, when appropriate
Legal Remedies for Wrongful Termination
Employees may expect any or all of the following remedies from local agencies or private lawsuits:
- Reinstatement
- Reinstatement of benefits and seniority
- Back pay
- Compensation for stress and suffering
- Punitive damages to prevent further abuses by the employer
- Mandated policy changes to protect other employees in that company
- Possibly court costs and attorney’s fees
District of Columbia employers who fail to abide by federal or state employment standards for hiring and firing may face the following penalties:
- Jury duty – criminal contempt of court with fines of up to $300 and/or 30 days in jail for first offense, up to $5,000 and/or 180 days in jail thereafter; also liable to employee for lost wages, reinstatement, and attorney’s fees.
- Garnishment – for discrimination based on child support withholding (which includes taking longer than 90 days to comply with garnishment requests), penalties include fines of up to $10,000 paid to employee for use in satisfying child support payments.
- Whistleblower – may file civil suit within 1 year statute of limitations.
Employees are free to contact the EEOC office or the local Office of Human Rights in the District of Columbia, or they can consult an employee rights attorney to protect their rights in relation to wrongful termination claims. And while the statute of limitations is 1 year for most cases, it is wise to move quickly and give EEOC officials or a lawyer time to investigate these cases thoroughly to determine the proper course of action and receive the appropriate solution.
Local Resources
District of Columbia EEOC Offices
Washington Field Office
1801 L Street, NW, Suite 100
Washington, DC 20507
202-419-0700 or 800-669-4000
TTY: 202-275-7518 or 800-669-6820
FAX: 202-419-0740
Office of Human Rights
Washington, DC
202-727-4559
http://ohr.dc.gov/ohr/site/default.asp