...
Summary of differences between federal and state regulations
The general at-will employment doctrine is what employers generally refer to unless there are state laws that provide more detail. This is a situation in which there is a lack of laws or contracts that narrow the reasons for which employees may be terminated. Where such laws or contracts exist, they must be adhered to.
Washington has no law regarding termination for private employment, so private employers are not required to give warnings or follow any particular steps for terminating an employee. However, public employers may have to give notice of a separation during a transition review period (see WAC §357-46-125).
State courts have recognized the concept of public policy exception to the at-will employment concept; that is, it is illegal for an employer to terminate an employee for refusing to break the law on behalf of the employer.
State courts have recognized the concept of an “implied contract” exception to the at-will employment concept; that is, courts have found contractual obligations in an employer’s expressed written assurances that employees would only be discharged for cause, such as written representations of guidelines and policies found in employee handbooks.
State
Contact
Washington State Department of Labor and Industry
Regulations
As a general rule, the employee has no right to challenge termination. A terminated employee may send a written request asking the employer for a signed written statement of the reason for your discharge and the effective date. Employers are required to respond to the request in writing within ten days.
Terminated employees may also have the option of seeking civil recourse through a private attorney for wrongful termination.
Also under state law, employers are protected from discharge:
- based upon participation in proceedings in regard to unpaid wages;
- based upon participation in proceedings in regard to enforcement of wage, hour, or working condition regulations;
- within a year of reinstatement following military service without cause, or where discharge is based on membership in state militia;
- under the state’s whistleblower law;
- when an employee is a volunteer firefighter and responds to a fire.
Federal
Contacts
None.
Regulations
None.