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What is wrongful termination in Washington?

Federal & State Law Editorial TeamLast reviewed: 2026-05-02

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:

  • Clarity — clear public policy.
  • Jeopardy — discouraging conduct would jeopardize policy.
  • Causation — public policy-protected conduct caused the discharge.
  • Absence of overriding justification.
  • 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

  • RCW 49.60.210: prohibits retaliation under WLAD.
  • RCW 42.40 (State Employees): state-employee whistleblower act.
  • RCW 49.12.005: industrial welfare whistleblower.
  • RCW 49.46.100: minimum wage retaliation.
  • 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

  • Public policy tort: 3 years (RCW 4.16.080).
  • WLAD: 3 years.
  • Workers' comp retaliation: 2 years.
  • This is legal information, not legal advice.

    When to Talk to a Lawyer
    • 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
    Related Statutes & Laws
    • 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.