What is Wrongful Termination or Discharge?

Black’s Law Dictionary defines wrongful discharge as “a discharge for reasons that are illegal or that violate public policy”. FindLaw for the Public defines wrongful termination where “an employer has fired or laid off an employee for illegal reasons in the eyes of the law”.

What Laws Govern Employment and Termination?

Title 49 of the Revised Code of Washington contains the statutes dealing with labor regulations. It covers basic areas such as Industrial Welfare (RCW 49.12) and includes a definition of employer and employee. It also covers work permits, sick leave, parental leave and child labor laws. RCW 49.28 covers hours of labor and RCW 49.46–49.56 covers wages. RCW 49.60 contains the statutes related to discrimination and the Washington State Human Rights Commission.

The Washington Department of Labor and Industries also has regulations that apply to labor issues. You will find these regulations in the Washington Administration Code in Title 296, chapters 125 through 134.

Getting Started:

If you feel that you have been wrongfully terminated, discharged, or laid off from your job, you need to identify the legal issues that form the basis for the wrongful termination. The guides described below from the Northwest Women’s Law Center and Findlaw for the Public will help you organize the information you have and identify additional information that you need. They provide guidance on the steps you need to take in order to obtain satisfaction of your claim.

The Northwest Women’s Law Center guide, “Termination of Employment”, is written specifically for wrongful termination issues that occur in Washington state

Findlaw for the Public has created four brief articles that discuss wrongful termination and the steps to be considered. These are not specific to Washington state. They are “Wrongful Termination Claims”
, “Wrongful Termination Claims: Severance Packages” , “Wrongful Discharge: 10 Things to Think About” , and “Wrongful Termination Claims: Documents to Show Your Attorney” .

If you decide to proceed with a claim on your own in King County Superior Court, the Pro Se Handbook will provide an overview of what to expect, how to proceed, and a description of the publications that govern filing a complaint in the courts. The other books listed below will help you identify the legal arguments needed to support your claims.

Helpful Books

Employment in Washington: A Guide to Employment Laws, Regulations and Practices, by Michael J. Killeen, KF 3315 .K55 1998.

Handling Wrongful Termination Claims, 2001: What Plaintiffs and Defendants Have to Know, Washington State Bar Association, KF 3471 .Z9 H36 2001.

Employee Dismissal Law and Practice, by Henry H. Perritt, KF 3471 .P47 1988.

Litigating Wrongful Discharge Claims, by Paul H. Tobias, KF 3471 .T6 1987.

Pro Se Handbook: A Guide to Representing Yourself in King County Superior Court, King County Bar Association, KF 8910 .Z9 R66 1998.