Washington is an at-will employment state, so an employer can usually fire an employee for any reason or no reason. It cannot fire an employee for an illegal reason. When a firing is driven by discrimination, retaliation, or an employee’s refusal to break the law, the employee may have a claim. Corey M. Kane represents employees, not employers, in wrongful termination cases throughout Washington State from Lacy Kane & Kube, P.S. in East Wenatchee.
When a firing is illegal in Washington
- Discrimination because of race, sex, age, disability, religion, national origin, sexual orientation, gender identity, veteran or military status, or another protected characteristic
- Retaliation for reporting or opposing discrimination or harassment
- Retaliation for filing a workers’ compensation claim
- Firing an employee for refusing to break the law or for reporting illegal conduct
- Firing an employee for taking protected medical or family leave
- Firing an employee for complaining about unpaid wages or overtime
Pushed out instead of fired
Some employers avoid a termination on paper by making the job unbearable: cutting hours, demoting, or piling on discipline until the employee quits. Washington law recognizes constructive discharge when an employer deliberately makes working conditions intolerable. If you are thinking about resigning, talk to a lawyer first. How you leave can matter.
What to do now
Write down what happened while it is fresh: dates, names, what was said, and who heard it. Keep copies of your evaluations, pay records, schedules, and any emails or texts about your work, but take only documents you are entitled to have. Do not sign a severance agreement or release until someone has reviewed it, because signing usually gives up your claims. Deadlines apply, and some are short.
What a case can recover
Washington’s discrimination law allows an employee who wins to recover lost wages and benefits, damages for emotional distress, and reasonable attorney fees. Other claims, including wage claims, carry their own remedies.
Talk to Corey
Corey also handles harassment, discrimination, retaliation, and wage cases; read more about his employment law practice. Your first consultation is free. Most injury and employment cases are handled on a contingent fee, so there is no attorney fee unless we recover; costs are explained in your fee agreement. Call (509) 884-9541 or use the contact form.