Washington Wrongful Termination Laws

Federal laws governing wrongful termination and discrimination in employment practices are primarily found in the Federal Labor Standards Act of 1938 and the Civil Rights Act of 1964. However, every state has enacted supplemental laws that apply to its citizens, expanding those protections and enabling relief for employees from violations by their employers. In Washington, which is an “at will” employment state, employees and employers have the right to end an employment relationship for any reason except those specified in federal and state laws, which protect those employees from abuses.

Washington’s Specific Labor Laws

The labor laws specific to the state of Washington concerning wrongful termination and discrimination in the workplace include the following:

Benefit	State Law	Additional Benefits
Right to Work	No
State Minimum Wage	$8.55; adjusted every year for inflation; posted at www.lni.wa.gov	No tip credit; minimum cash wage for tipped employee, $7.65
State Military Leave	Yes	Employees on active duty in the uniformed services are guaranteed reinstatement to same or comparable position, benefits, vacation, or seniority, unless employer’s circumstance have changed and make that unreasonable, impossible, or a hardship; discrimination against members of the state military is prohibited
Jury Duty	Yes	Unpaid leave; discrimination or termination for serving are prohibited
Voting	Yes	Paid time off, if required; employer must schedule work time to allow enough time to vote, generally 2 hours (not including break periods); not required if employee has 2 nonwork hours when polls are open or is able to obtain an absentee ballot
Garnishment	Yes	Employer fee, $10 for first child or spousal support payment, $1 for each additional payment; for payment processed by state agencies, $15 for first payment, $1 for additional payments; employee cannot be penalized for garnishments unless there are 3 or more separate orders within 12 months; termination or discrimination for spousal support orders is prohibited
State Family & Medical Leave	Yes	Accrued paid family leave available to all employees for family members with serious health conditions; for newborn, adopted, or foster children, employers with 50 or more employees must provide up to 12 weeks in any 12-month period for employees who have worked at least 1,250 hours in previous year; family members include parents-in-law, grandparents, and stepparents
Arrest & Conviction Records	Yes	Employer inquiries must determine if arrests/charges are pending, dismissed, or resulted in conviction relevant to job performance and occurred within 10 years; employees must be notified within 30 days that employer has obtained conviction record and be able to review it; employment decisions can only be based upon such information if relevant to job; expunged records treated as if they never occurred
Discrimination	Yes	For 8 or more employees (1 or more employees for gender-based wage discrimination); for age (40 or older); national origin; disability (physical, mental, or sensory); AIDS/HIV; gender; marital status; pregnancy/ childbirth; race; religion; sexual orientation; genetic testing; use of trained guide dog; hepatitis C infection; member of state militia; gender identity
Whistleblower	Yes	For public employees; employer cannot terminate, discriminate, or retaliate against employee for reporting violations
Plant Closings	Yes	Applies to employees who have been terminated and are unlikely to return to principal occupation; The Department of Employment Security provides special training and counseling for workers in aerospace, thermal electric generation, and forest products industries plus regular unemployment compensation

*These laws change often, so consult local statutes for the most up-to-date information.

Washington Discrimination Laws

Washington statutes have spelled out specific guidelines for employees to be able to file claims and lawsuits for remedies when their rights have been violated:

Washington statutes allow employees to file discrimination claims with state offices of the EEOC, the Washington Human Rights Commission, or through an employee rights attorney in civil court.
Winning claims and lawsuits entitle employees to recover attorney’s fees.
The statute of limitations in Washington for discrimination claims and lawsuits is 6 months from the date of the violation.

Filing a Claim for Wrongful Termination

There are state agencies to aid employees who face discrimination on the job or who have been wrongfully terminated due to discrimination. While those state agencies may file claims for employees, employees may also file private suits in civil court with the aid of an employee rights lawyer.

Legal Remedies for Wrongful Termination

The remedies provided in federal and state laws for wrongful termination and discrimination are many, although they do not all apply to every violation:

Reinstatement of benefits and position
Lost wages
Injunctive relief in the workplace
Punitive damages
Compensation for stress and suffering
Attorney’s fees and court costs

Not only can employees seek remedies for their losses due to wrongful termination or discrimination, the state may impose penalties on employers for such violations:

Jury duty – misdemeanor, with fines of up to $1,000 and/or 90 days in prison, liable for damages, attorney’s fees, and reinstatement
Garnishment – for civil rights violations, liable for double back pay, damages, legal costs, attorney’s fees, possible reinstatement, civil fines of up to $2,500 per violation; for noncompliance with withholding orders (including child support, child health support, and spousal support), liable for full payment, plus costs, interest, and attorney’s fees
Whistleblower – fines of up to $3,000, and suspension or dismissal

The more information an employee has about federal and state labor laws and protections, the better claim they will have through state agencies, or the better civil suit they will have in the courts. State agencies can provide a great deal of information, but it may take the personal care of an employee rights attorney to prepare the kind of thorough case needed to repair all the damage from abuses by an uninformed or unscrupulous employer.