This is a brief primer on “wrongful termination” under Washington state law. As always, the advice contained herein is for general educational purposes only. It should not be construed or acted upon as legal advice for your particular situation. You should consult with an attorney prior to acting on any information contained in this blog.
How to Know if You’ve Been Fired Unfairly
Being fired is a traumatic experience. While it is natural to be angry, you should take time to honestly evaluate the circumstances surrounding your termination. You may have been fired unfairly if:
- You were terminated in violation of your employment contract.
- You were terminated on the basis of your race, gender, ethnicity, nationality, sexuality, age, disability, marital status, veteran status, immigration status, creed, or religion.
- Your employer fired you to retaliate against you for engaging in a protected activity such as reporting misconduct or whistleblowing.
- Your employer’s reason for terminating you violates public policy (e.g., being terminated for reporting criminal activity, making a workers’ compensation claim, etc.) or for exercising a right you have under the law (e.g. taking sick leave).
- You were terminated for requesting a reasonable accommodation for your disability.
Talk with an Employment Attorney if You Believe You Were Wrongfully Terminated
Employers sometimes take advantage of their unfair economic and professional advantages and wrongfully terminate employees. Stated simply, they are willing to play the odds that former employees can be bullied and intimidated into believing they are helpless. A Seattle, WA, employment lawyer can advise you of your rights and get you the justice you deserve.
What a Wrongful Termination Lawyer Does
A wrongful termination lawsuit is a complex case to prepare and litigate. A Seattle, WA, wrongful termination attorney can investigate the facts of your case and gather crucial evidence such as emails, text messages, and witness statements. The employment lawyers at Rekhi & Wolk, P.S., will use this evidence to build a strong case demonstrating your former employer’s unlawful conduct and/or illegal reasons, which will be used to support your wrongful termination claim.
Proving Wrongful Termination
Employers never admit that a person was improperly or wrongfully terminated. This means a wrongful termination claim must generally be proved with indirect/circumstantial evidence. Gathering evidence of wrongful termination is often a difficult and time-consuming process.
How Hard Is It to Win a Wrongful Termination Case?
In short, it can be difficult to prove wrongful termination cases. Employers often create and use pretextual reasons to justify illegal terminations. However, a knowledgeable Seattle, WA, wrongful termination attorney can gather evidence that will help prove an employer engaged in illegal or improper conduct.
What Qualifies as “Wrongful Termination?”
Generally speaking, employment is “at-will,” meaning an employer can terminate the employment relationship at any time for any reason.
However, this is not always true. Some Employees and Employers enter into an agreement to terminate an employee only for cause. So, if you were terminated and have an employment contract, review it and see if there is a “termination for cause” provision.
Even if you are an at-will employee, state and federal laws make it illegal to terminate an employee for various reasons, namely for discriminatory or retaliatory reasons.
In order to be protected under Washington’s discrimination law, you must fall within a specified “protected class” of people. The list includes your gender, race, color, age, disability, religion, marital status, veteran status, and sexual orientation and/or identity.
The critical issue for any discrimination case is how to show that your “protected class” played a factor in your termination. Obviously, most employers aren’t going to tell you that you are being fired because you are too old, etc. Most of the time, you have to show that the reason provided for your termination was false and untrue. You can also look at the people outside of your protected class and argue that such people were not fired even though they performed similarly or even worse. It will likely be important to get support from colleagues who can attest that the reason for your termination is false, etc.
Likewise, employers cannot fire you because you said something that is protected by state or federal law. For example, if you file a complaint about workplace safety or that a supervisor is discriminating against you or another employee, then you have likely engaged in “protected activity.” This means that your statements are protected under Washington law and your employer cannot fire you for making those statements.
However, in addition to proving you engaged in “protected activity,” you will also need to prove that the “protected activity” played a factor in your termination. Again, proving causation means looking at the purported reason for the termination and proving it is false (unless the employer admits it is firing you because of your complaint).
If you believe you may have been fired because of a “protected activity” or because of your “protected class,” then you should contact our Seattle Employment Lawyers immediately to see if we can help.