Getting fired can be a jarring and stressful experience, even for people who see it coming. The situation often prompts people to ask questions like “How did this happen?” and “Was it legal?”
Wrongful termination is the primary legal claim that employees use to challenge firings they believe are unlawful. It is important to remember, however, that “wrongful” in the eyes of the law is not the same as “unfair.”
In Washington, for instance, employers generally can fire workers for nearly any reason or for no reason at all. They cross the line into wrongful termination only when the move is discriminatory, retaliatory, or violates the terms of a contract.
At Justice Law Corporation, our Washington wrongful termination lawyers help working people who have been ripped off or mistreated on the job. Our attorneys can help you determine if you have a wrongful termination or other claim and take action to enforce your rights. We are experienced lawyers who have a track record of success in court and through negotiated settlements.
Plenty of firings feel unjust without being unlawful. Here are the questions you should ask yourself before you make assumptions about whether you have a wrongful termination claim.
Were You ‘At-Will’ or Did You Have a Contract?
Most Washington employees work “at-will.” That means an employer can fire an employee for any reason (as long as it is not unlawful) or for no reason at all. It also means an employee can leave the job at any time, for any reason, or for no reason.
At-will status is not universal. If you had a written employment contract or were covered by a union’s collective bargaining agreement, you likely have some additional rights and protections when it comes to termination. You have the right to sue for breach of contract if your employer violates the terms of the agreement.
In some situations, you may be able to argue that your employer’s handbook or policies created a binding contract. Handbooks that specifically lay out how the company will handle discipline and firing, for example, may be binding. Especially if the employer has consistently followed those procedures in similar situations.
Look back at your offer letter, any signed agreements, and the handbook’s disciplinary and termination policies.
Is the Timing Suspicious?
This is often the first real clue. Employers usually do not explicitly say that they are breaking the law when they fire workers. Timing is often an important factor in getting to the truth.
Federal and state laws protect working people from retaliation for speaking up on the job, blowing the whistle, and engaging in other protected activity. Common examples of protected activity include:
- Filing a complaint about discrimination, harassment or unsafe working conditions
- Reporting suspected wage theft or asking about unpaid overtime
- Taking family and medical leave
- Requesting an accommodation for a disability
- Filing a workers’ compensation claim
- Refusing to do something you believe is illegal
- Disclosing what you reasonably believe is employer misconduct
If you were fired shortly after engaging in this kind of conduct, the timing alone does not necessarily prove retaliation. However, it is often a strong sign that you have a claim.
The next step is to determine whether your employer’s justification for your firing has any basis in fact and consider whether the reasoning has changed. Employers are not required to give you a reason for termination. If the company did offer an explanation for the decision, however, inconsistencies may indicate that it was simply an excuse to mask wrongful termination.
Take, for example, an employee who is told that she is being fired for “performance issues” shortly after making a harassment complaint against a supervisor. If the employee’s previous performance reviews were positive and there is nothing in her file indicating that her work declined, this suggests she was fired for other reasons. The same goes if the employer initially says she was fired as a result of “restructuring” and later changes the story to blame supposed “attendance issues.”
Was the Firing Connected to a Protected Characteristic?
Washington’s Law Against Discrimination and a variety of other state and federal laws generally protect workers from discrimination on the job. That includes bias and harassment based on the following characteristics:
- Sex
- Race
- Age (over 40)
- National origin
- Religion
- Sexual orientation
- Gender identity
- Disability
Discrimination can occur in various ways, such as hiring, firing, pay, promotions, job assignments, and training opportunities.
The primary question in firing situations is: Were you treated differently than coworkers outside your protected class? If “performance” is your employer’s stated reason for the firing, did other employees get more chances to improve? Employers rarely are upfront about discriminatory motives. That makes patterns and comparison evidence critical in many wrongful termination cases.
What to Do Next
You do not need to be completely sure that you have a wrongful termination claim in order to take action. There are important steps that you can take to protect yourself in the immediate aftermath of a termination.
- Write down what happened while it is fresh, including dates, names, and quotes.
- Preserve documents, such as performance reviews, emails, text messages, pay stubs, and your termination letter, if you have access to them before you lose them.
- Request your personnel file in writing.
- Apply for unemployment benefits.
- Talk to an employment attorney before signing a severance agreement or release.
The sooner you seek the advice of a seasoned employment law attorney, the better. Even a brief conversation can help you better understand your options before you take steps that are difficult to reverse.
Speak With a Washington Wrongful Termination Lawyer
If you believe that your employer is violating your rights on the job, whether it is by being underpaid, wrongly terminated, or in other terms and conditions, you do not need to go it alone. A Washington wrongful termination lawyer at Justice Law Corporation can help you evaluate your claim and understand your rights and options.
Contact us at 360.207.0000 to schedule a free consultation with a Washington wrongful termination lawyer.
