Wrongful Termination

In most jurisdictions, employment is “at-will,” meaning an employer may generally terminate an employee for any lawful reason—or no reason at all. There are, however, important exceptions.

One such exception arises when an employee is terminated in violation of public policy. This type of claim recognizes that certain conduct—while not always addressed by specific statutes—is sufficiently important that employees should not lose their jobs for engaging in it.

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When These Claims Arise

In Washington, wrongful termination claims are typically recognized where an employee is discharged for:

refusing to engage in illegal conduct
performing a public duty, such as jury service
exercising a legal right or privilege
reporting employer misconduct (whistleblowing)

These categories reflect situations where the law seeks to protect conduct that serves broader societal interests.

Limits of the Claim

Wrongful termination in violation of public policy is a narrow claim. It does not apply to every unfair or questionable termination.

In most cases, the employee must actually be discharged to bring the claim. Adverse actions short of termination—such as demotion—may be relevant to other claims or may help demonstrate a constructive discharge, but they do not independently establish a wrongful termination claim under this framework.

Evaluating a Claim

These claims often turn on several overlapping issues, including:

whether a clear public policy exists
how the employee’s conduct relates to that policy
whether the termination undermined or jeopardized that policy
and whether the evidence supports a connection between the conduct and the discharge

The analysis can be complex, particularly where the underlying public policy is not explicitly defined or where multiple explanations for a termination exist.

Practical Considerations

Wrongful termination claims frequently arise in situations involving difficult choices—whether to refuse a directive, report misconduct, or assert a legal right.

These decisions are often made in real time, without the benefit of legal guidance, and can have significant consequences.

Moving Forward

If you believe you may have been terminated in violation of public policy—or are considering taking action that could place your employment at risk—it may be worth evaluating your situation more closely.

We assess these matters by looking not only at whether a claim exists, but at how it can be developed, positioned, and resolved in practice.

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Submitting a form allows our team to evaluate your situation and determine whether we can assist.

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