Employment
Wrongful Termination Lawyer Washington
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Understanding Your Wrongful Termination Case
Explore essential resources on your rights, your options, and what to expect — everything you need to navigate the legal process, all in one place.
Washington has been an at-will employment state since at least 1928, but at-will employment has three recognized exceptions in Washington.
1. The Statutory Exception — Washington Law Against Discrimination (WLAD) The WLAD applies to employers with as few as eight employees (compared to 15 under Title VII). It prohibits discrimination based on race, creed, color, national origin, sex, sexual orientation, gender identity, age (40+), disability, marital status, honorably discharged veteran or military status, and citizenship or immigration status. The EPOA expansion effective July 2025 added even broader pay discrimination protections.
2. The Judicial Exception — Public Policy Wrongful Discharge The Washington Supreme Court first recognized the public policy exception in Thompson v. St. Regis Paper Co. (1984). Courts have since applied it mainly in four situations: where an employee refused an illegal act, performed a public duty, exercised a legal right, or reported misconduct. A claim that doesn't fit one of those situations can still be tested under a four-part framework the court adopted in Gardner v. Loomis Armored, Inc. (1996).
3. The Contractual Exception An employer may not terminate an employee in breach of an employment contract.
Wrongful termination in Washington commonly arises in several recurring scenarios.
Discrimination-Based Termination — Termination based on a protected characteristic under the WLAD.
Retaliation — Termination for engaging in a legally protected activity.
Mass Layoff Discrimination — A reduction in force that disproportionately targets employees based on a protected characteristic.
Constructive Discharge — In Washington, constructive discharge can be treated as an involuntary termination.
Your termination may have been unlawful if it followed a protected activity, targeted a protected characteristic, breached an employment contract, or your employer deliberately made your working conditions so intolerable that you were forced to resign. If any of the WLAD, public policy, or contractual exceptions apply to your situation, your termination may be unlawful.
Deadlines depend on the type of claim:
- WLAD complaint with the WSHRC: Generally must be filed within 6 months (12 months for pregnancy discrimination), RCW 49.60.230(2).
- Federal EEOC complaint: Must be filed within 300 days in Washington.
- Civil lawsuit under the WLAD: 3 years, pursuant to RCW 4.16.080(2).
- WISHA complaint with L&I: Must be filed within 90 days.
Wilshire Law Firm handles Washington wrongful discharge cases on a contingency fee basis — no fees unless you get paid. We evaluate whether a statutory, public policy, or contractual exception applies, identify the deadlines governing your claim, and pursue the full range of remedies available under state and federal law. If your termination happened in Oregon, our Oregon wrongful termination lawyers can help.
What Can You Recover in a Washington Wrongful Termination Case?
Employees with a valid Washington wrongful termination claim may recover back pay, front pay, emotional distress damages, punitive damages (under some federal claims), reinstatement, and attorney's fees. The WLAD allows employees to sue directly in state court with a 3-year statute of limitations and, unlike Title VII, does not cap compensatory damages. Because the remedies available depend on the facts of your case, contact Wilshire Law Firm for a free case review.
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Wrongful Termination FAQs
Our Most Frequently Asked Questions
We've answered the most common ones below. If yours isn't here, call us — we're available 24/7.
Yes. Washington is generally an at-will employment state, meaning an employer can end employment for many reasons. But at-will has recognized exceptions: an employer cannot fire you for discriminatory reasons under the WLAD, in retaliation for protected activity, or in violation of a clear public policy.
The WLAD (RCW 49.60) applies to employers with as few as eight employees, compared with fifteen under federal Title VII, and it covers a broad range of protected characteristics. It also lets workers file suit directly in court. These features can make a state-law claim available when a federal one is not.
Yes. A layoff is not automatically shielded from challenge. If your selection for termination was disproportionately based on a protected characteristic such as age, disability, or pregnancy, the WLAD may provide a claim even in a large reduction in force. How the employer decided who to cut is a key question.
For a WLAD-based wrongful termination, workers generally have three years to file a lawsuit directly in court, or about six months to file a complaint with the Washington State Human Rights Commission. Deadlines have exceptions, so confirm the one that applies to your claim promptly. Missing a deadline can bar an otherwise valid claim. Our Washington employment lawyers can review which deadlines apply to your claim.