What are the rules for retaliatory discharge?

In Washington, an employer is not permitted to fire an employee because they are engaging in acts that the law or public policy encourage, like whistleblowing or filing a workers’ compensation claim. This is known as retaliatory discharge. It is illegal for an employer to punish employees for exercising their rights. Retaliatory discharge can also occur when an employee claims benefits they are entitled to under a collective bargaining agreement. Similarly, an employer cannot fire an employee because they are exercising their rights to be a member of a labor organization or their right to engage in a strike, picket, or other lawful concerted activities. Retaliatory discharge can be hard to prove since employers have many legitimate business reasons for why they may terminate an employee. To make a claim, an employee must be able to show that they are engaging in one of the activities noted above, and that their termination was connected to that activity. If the employer or managers have shown hostility towards the employee’s protected activity, or have made comments that suggest they are retaliating, it may also be used as evidence. If it can be proven that retaliatory discharge has occurred, then the employer may be liable for compensatory damages like lost wages and benefits, as well as damages for emotional distress and attorney’s fees. It is important to note that an employee who believes they have been retaliatorily discharged should seek legal advice as soon as possible in order to make sure their rights are protected.

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What are the rules for retaliatory discharge?

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