Best Hiring & Firing Lawyers in Washington

About Hiring & Firing Law in Washington, United States

Hiring and firing employees in Washington state is governed by a range of federal, state, and sometimes local laws. These laws set out the rights and responsibilities of both employers and employees throughout the workplace relationship, from the hiring process through to termination. Washington is an "at-will" employment state, which means that, with certain exceptions, employers can hire or fire employees at any time for any legal reason, or even no reason at all. However, there are important laws in place to protect workers from wrongful termination and to ensure that the hiring process is fair, non-discriminatory, and in compliance with wage and hour rules. Understanding these regulations is important for both employers and employees in order to avoid missteps that could lead to legal disputes.

Why You May Need a Lawyer

Legal issues related to hiring and firing can be complex and emotionally charged. You may need a lawyer if:

• You believe you were terminated because of discrimination or retaliation.
• Your employer failed to pay wages or overtime owed to you upon termination.
• You are an employer facing legal claims related to wrongful termination or discrimination.
• You received a severance agreement and need help understanding your rights or negotiating better terms.
• You are unsure about the legality of interview questions or pre-employment testing used in your business.
• You believe your employer violated your contract or breached an employment agreement.
• You feel you were misclassified as an independent contractor instead of an employee.
• You want to implement lawful hiring and firing policies in your organization to minimize liability.

A qualified employment lawyer can review the specifics of your situation, help you navigate the complex web of regulations, and protect your rights.

Local Laws Overview

In Washington state, several key laws and regulations impact hiring and firing decisions:

• At-Will Employment: Both employers and employees can generally terminate employment without cause, unless the reason violates state or federal law.
• Discrimination Protections: The Washington Law Against Discrimination (WLAD) makes it illegal to discriminate in employment based on protected characteristics such as race, color, national origin, sex, sexual orientation, gender identity, age, disability, marital status, or veteran status.
• Wage and Hour Laws: Washington has one of the highest minimum wages in the U.S. and strict rules about overtime, breaks, and final paychecks upon termination.
• Wrongful Termination: It is illegal to fire someone for refusing to break the law, for whistleblowing, or for exercising certain legal rights (like filing a workers’ compensation claim).
• Protected Leave: Employees may not be fired or discriminated against for taking qualified leave under the Washington Paid Family and Medical Leave Act or other applicable laws.
• Background Checks and Fair Chance Laws: Washington limits the use of criminal history in hiring with "ban the box" rules and requires proper procedures for background checks.
• Severance and Non-Compete Agreements: Recent changes limit the scope and enforceability of non-compete clauses in Washington, and employers must comply with disclosure and payment requirements for severance.

Frequently Asked Questions

Is Washington an at-will employment state?

Yes, Washington is an at-will state, which means either the employer or the employee can terminate employment at any time for any lawful reason or no reason, unless there is a contract stating otherwise or termination would violate the law.

Can I be fired for any reason in Washington?

You can be fired for any reason, or for no reason, unless the reason is illegal, such as discrimination, retaliation, or in violation of an employment contract or public policy.

What protections do I have against discrimination during hiring or firing?

Washington law and federal statutes protect job applicants and employees from discrimination based on race, color, national origin, sex, gender identity, sexual orientation, religion, age, disability, marital status, and veteran status.

What should my employer pay me when I am fired or laid off?

All final wages, including unused accrued vacation if it is part of company policy or contract, must be paid on or before the next regular payday following termination.

Do I have to provide notice before quitting my job?

There is no state law that requires employees to give notice before quitting, though providing notice is customary and may be required by a contract.

What laws govern background checks during the hiring process?

Washington law limits when and how employers can conduct background checks. Employers must not inquire about criminal history until after determining the applicant is otherwise qualified, and must follow fair credit reporting procedures.

How do wrongful termination claims work in Washington?

If you believe you were fired for an illegal reason, you can file a complaint with the Washington State Human Rights Commission or potentially file a lawsuit. Remedies might include reinstatement, back pay, or compensation for damages.

Are non-compete agreements enforceable in Washington?

Non-compete agreements are limited by state law. They generally cannot be enforced against employees earning less than a certain salary threshold and must meet strict requirements to be valid.

Can my employer fire me for taking family or medical leave?

No. State and federal laws prohibit employers from retaliating against employees for taking qualified family or medical leave.

What should I do if I think my rights were violated during hiring or firing?

You should document relevant details and consult with an employment law attorney or contact an appropriate government agency to understand your rights and options.

Additional Resources

• Washington State Human Rights Commission - handles discrimination complaints.
• Washington State Department of Labor & Industries - enforces wage and hour, leave, and workplace rights.
• United States Equal Employment Opportunity Commission (EEOC) - federal employment discrimination complaints.
• Legal aid organizations in Washington - provide low-cost or free legal assistance for employment matters.
• Washington State Bar Association - for lawyer referrals and legal information.

Next Steps

If you need legal assistance regarding hiring or firing in Washington, take the following steps:

• Gather all relevant documents, such as employment contracts, termination letters, pay stubs, and related correspondence.
• Make a detailed written record of events, including dates, times, names of people involved, and specific statements made.
• Consult with a qualified employment lawyer who practices in Washington to review the facts of your case and advise you on your rights and options.
• If cost is a concern, explore legal aid organizations or pro bono services in your area.
• Contact the Washington State Department of Labor & Industries or the Human Rights Commission if you think your rights have been violated and you want to file a complaint.

Navigating employment law can be challenging, but with the right information and support, you can take effective action to protect your rights or fulfill your responsibilities under Washington law.