What is wrongful termination in Washington?
Washington provides strong employee protections through both statutory and common-law channels.
1. Public Policy Tort — Thompson/Gardner
Thompson v. St. Regis Paper Co., 102 Wn.2d 219 (1984), recognized the wrongful discharge tort. Gardner v. Loomis Armored, 128 Wn.2d 931 (1996), articulated the four-element test:
Plaintiffs must show no other adequate alternative remedy exists (Korslund v. DynCorp, 156 Wn.2d 168 (2005)). The "adequate alternative remedy" requirement has narrowed Thompson significantly.
2. Washington Law Against Discrimination — RCW 49.60.180
Prohibits termination based on race, creed, color, national origin, sex (incl. pregnancy), age (40+), marital status, sexual orientation, gender identity, honorably discharged veteran/military status, disability, use of a service animal. Applies to employers with 8+ employees. 3-year SOL. No agency exhaustion required — direct civil action allowed. Uncapped compensatory and punitive damages.
3. Whistleblower Statutes
4. Workers' Comp Retaliation — RCW 51.48.025
Prohibits termination for filing workers' comp claim.
5. Paid Family and Medical Leave — RCW 50A
Effective 2020. Provides up to 12 weeks paid leave (16 with serious health condition, 18 with pregnancy complications). Termination for using PFML is unlawful.
6. Healthy Starts Act / Pregnancy Accommodations — RCW 43.10.005
Expanded pregnancy accommodation rights.
7. WARN Act
Federal WARN applies; no state WARN.
8. Equal Pay and Opportunities Act — RCW 49.58
Strong pay equity protections; prohibits retaliation for discussing wages.
9. Statute of Limitations
This is legal information, not legal advice.
- Your common-law claim may be barred by the Korslund 'adequate alternative remedy' rule
- You were terminated while using or attempting to use Paid Family Medical Leave
- You discussed wages with co-workers and were retaliated against under EPOA
- RCW 49.60.180
- RCW 49.60.210
- RCW 51.48.025
- RCW 50A.35.040
- RCW 49.58
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.