What Protections Do Employees Have Against Wrongful Termination?

Losing a job is one of life’s most stressful events. It can leave you uncertain about your future, especially when the termination feels unfair or unwarranted. If you are facing this situation, you may be wondering whether your employer acted lawfully and whether you have legal protections.

Wrongful termination is more than simply a firing you believe was unfair. Generally, a termination becomes legally actionable when it violates an employment law, an enforceable employment agreement, or a recognized public policy. Understanding your rights can help you determine whether you may have grounds to challenge your termination.

At Bean, Gentry, Wheeler & Paternell, PLLC, we help individuals and businesses address employment law matters in Washington. Whether you’re an employee questioning the legality of your termination or an employer seeking to understand your obligations, we can help you evaluate the circumstances and applicable law.

Understanding the protections available to employees requires considering both federal and Washington state law. While employers generally have considerable discretion in an at-will employment relationship, that discretion is subject to important legal limits.

What Is Wrongful Termination?

Wrongful termination generally occurs when an employer fires an employee for a reason prohibited by law, in breach of an enforceable employment agreement, or under circumstances that violate a recognized public policy.

Washington generally follows the at-will employment doctrine. This means that, absent an agreement or legal protection providing otherwise, either the employer or employee can usually end the employment relationship without a specific reason.

However, at-will employment does not give an employer the right to terminate you for an unlawful reason. Discrimination, unlawful retaliation, certain violations of public policy, and breaches of applicable employment agreements can create exceptions to the general rule.

Protections Provided by Federal Law

Several federal laws prohibit discriminatory termination. Title VII of the Civil Rights Act of 1964, for example, prohibits covered employers from discriminating on the basis of race, color, religion, sex, or national origin. Federal protections against sex discrimination include pregnancy, sexual orientation, and transgender status.

The Age Discrimination in Employment Act (ADEA) protects employees and applicants aged 40 or older from age discrimination by covered employers. The Americans with Disabilities Act (ADA) prohibits covered employers from discriminating against qualified individuals with disabilities.

Federal employment laws also prohibit certain forms of retaliation. For example, an employer generally cannot lawfully fire you because you complained about conduct you reasonably believed violated federal EEO laws, filed a discrimination charge, or participated in an employment discrimination investigation or proceeding.

Other federal and state laws provide retaliation protections for different types of protected conduct. Workplace safety complaints, for example, may be protected under occupational safety laws rather than federal anti-discrimination law. Whether a particular termination constitutes unlawful retaliation depends on the activity involved and the law that protects it.

Washington State Law and Wrongful Termination

Washington law provides additional protections to employees. Although Washington generally recognizes at-will employment, an employer still cannot terminate you for a reason prohibited by state or federal law.

Washington also recognizes a claim for wrongful discharge in violation of public policy in certain circumstances. Courts have generally recognized these claims when an employee is terminated for refusing to commit an illegal act, for performing a public duty or obligation, for exercising a legal right or privilege, or for reporting employer misconduct.

For example, firing an employee for performing a public obligation, such as jury service, may implicate public-policy protections. Whether a particular termination qualifies depends on the circumstances and the legal basis for the claim.

Another important protection is the Washington Law Against Discrimination (WLAD). The law generally applies to employers with eight or more employees and prohibits covered employers from terminating employees based on protected characteristics, including race, creed, color, national origin, sex, marital status, sexual orientation, age, disability, citizenship or immigration status, and honorably discharged veteran or military status.

If you believe your firing involved discrimination or retaliation, reviewing the circumstances under both federal and Washington employment law can help identify which protections may apply.

Employment Contracts and Wrongful Termination

Employment agreements can also affect an employer’s ability to terminate an employee. If you have a contract governing when or how your employment can be terminated, its specific terms may be important in determining your rights.

For example, an employment agreement might establish a particular term of employment, identify circumstances permitting termination, or impose notice or procedural requirements. If your employer fails to comply with enforceable contractual obligations, you may have a potential breach-of-contract claim.

Not every workplace document creates an enforceable contractual right, however. The language of the agreement and the circumstances surrounding the employment relationship matter. If you have been terminated, reviewing your employment agreement and other relevant documents can help determine whether contractual protections apply.

How We Can Help

If you believe you were wrongfully terminated, determining why you were fired is an important first step. We can review the circumstances surrounding the termination, relevant workplace communications, employment agreements, employer policies, and other available documentation.

We can also help determine whether your situation may involve discrimination, retaliation, breach of contract, or another recognized employment-law violation. Different claims can involve different legal standards, procedures, and deadlines, making it important to identify the potential basis of a claim rather than assuming that an unfair termination is necessarily unlawful.

If you are negotiating a severance agreement, we can also review the proposed terms and explain the legal rights or obligations that may be affected before you sign.

Know Your Rights and Take Action

Wrongful termination cases can involve overlapping federal and Washington employment laws. Although an employer may generally terminate an at-will employee for a lawful reason—or without stating a reason—the employer cannot lawfully terminate you for certain discriminatory, retaliatory, contractual, or public-policy reasons.

If the circumstances surrounding your termination raise concerns, preserving employment records, communications, performance evaluations, termination documents, and other relevant information can help you understand what happened and evaluate your options.

At Bean, Gentry, Wheeler & Paternell, PLLC, we help clients address employment law disputes. If you believe you’ve experienced wrongful termination, contact our Washington employment law attorneys today to discuss the circumstances of your termination and the legal options that may be available to you.