Best Hiring & Firing Lawyers in Washington

About Hiring & Firing Law in Washington, United States

Hiring and firing practices in Washington State are governed by a complex mix of federal, state, and local laws designed to protect both employers and employees. Washington is an "at-will" employment state, meaning that, in general, employers can terminate employees for any legal reason, or for no reason at all, without warning. However, there are numerous exceptions, largely aimed at protecting employees from discrimination and unfair treatment. Understanding these laws is essential for both parties involved in employment relationships to ensure compliance and protection of rights.

Why You May Need a Lawyer

Individuals and businesses may seek legal advice related to hiring and firing for a number of reasons, including:

• Unlawful Termination: Employees might suspect they were fired for discriminatory reasons or in violation of their employment contract.
• Compliance with Employment Laws: Employers may need guidance to ensure their hiring and termination practices comply with all applicable laws.
• Addressing Workplace Discrimination: Legal advice can help address discrimination or harassment claims during the hiring or firing process.
• Contractual Disputes: Lawyers can assist in disputes related to employment contracts, including non-compete clauses.
• Severance Agreements: Both employees and employers may need assistance drafting or negotiating terms of separation.

Local Laws Overview

Washington State has several key laws related to hiring and firing that all employers and employees should be aware of:

• Washington Law Against Discrimination (WLAD): Prohibits employment discrimination based on race, color, national origin, religion, sex, age, marital status, sexual orientation, gender identity, pregnancy, disability, or veteran status.
• Washington Paid Family & Medical Leave: Offers up to 12 weeks of paid leave for qualifying circumstances, such as caring for a new child or taking care of a family member with a serious health condition.
• Overtime Laws: Generally require employers to pay time-and-a-half to non-exempt employees for hours worked beyond 40 in a workweek.
• Minimum Wage Laws: Mandate minimum wage levels that may differ from federal requirements.
• At-will Employment Exceptions: Includes protections against wrongful termination such as whistleblower retaliation, and other public-policy exceptions.

Frequently Asked Questions

What does "at-will employment" mean?

"At-will" employment allows employers to terminate an employee at any time for any legal reason, or for no reason at all, without warning, as long as it does not violate contract terms or specific laws.

Can I be fired for reporting illegal activities of my employer in Washington?

No, Washington law protects employees from retaliation or wrongful termination for whistleblowing, i.e., reporting illegal activities of their employer.

What should I do if I suspect I was fired due to discrimination?

If you suspect you were fired due to discrimination, consider documenting the circumstances and consulting with an employment lawyer to explore your options, which might include filing a complaint with the Equal Employment Opportunity Commission (EEOC) or the Washington State Human Rights Commission.

Is my employer required to provide severance pay in Washington?

Washington law does not require employers to provide severance pay unless it has been agreed upon in an employment contract or company policy.

What are my rights if I am laid off?

Laid-off employees may be entitled to unemployment benefits and should receive their final paycheck, including any earned vacation time, within specified timeframes according to state law.

As an employer, how can I ensure compliance with Washington's hiring laws?

Employers should develop and adhere to fair and consistent hiring practices, conduct regular training on discrimination laws, and consult legal advisors to ensure compliance with federal and state laws.

Are employers in Washington required to conduct background checks?

Washington does not mandate background checks, but employers who do conduct them must comply with the Fair Credit Reporting Act (FCRA) and any relevant state and local laws, including the state's "ban the box" law that restricts when they can inquire about criminal histories.

Can non-compete agreements be enforced in Washington?

As of January 1, 2020, Washington state has imposed severe restrictions on non-compete agreements, particularly affecting workers earning less than a certain threshold, making them difficult to enforce.

What should an employee do if they feel harassed during the hiring process?

If harassment occurs during the hiring process, the affected individual should document the behavior, notify the company immediately, and consider reporting to the EEOC or the Washington State Human Rights Commission.

What actions should an employer take if an employee files a complaint with the EEOC?

Employers should immediately review the complaint, consult with legal counsel, and cooperate fully with the EEOC's investigation, while ensuring that retaliation against the complaining employee does not occur.

Additional Resources

• Washington State Human Rights Commission
• Equal Employment Opportunity Commission (EEOC)
• Washington State Department of Labor and Industries
• U.S. Department of Labor
• Legal Assistance Programs such as the Northwest Justice Project

Next Steps

If you need legal assistance concerning hiring and firing issues in Washington, begin by gathering relevant documentation and information about your situation. Research attorneys specializing in employment law, and consider scheduling consultations to discuss your case. Legal representation can help you navigate complex regulations, protect your rights, and achieve a favorable outcome.