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How To Defend Against Wrongful Termination Claims Skt Law

Bonisiwe Shabane
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how to defend against wrongful termination claims skt law

A dreaded wrongful termination claim has landed on your desk. A former employee alleges their dismissal was unjust, discriminatory, or retaliatory. Your heart sinks as you contemplate the potential financial burden, the negative publicity, and the disruption to your business operations. It’s a scenario no employer wants to face, but it’s a reality for many. Wrongful termination claims are a serious matter in California, a state known for its strong employee protections. However, not all claims are valid, and even legitimate ones can be effectively managed with the right approach.

Understanding your rights as an employer and taking proactive measures can significantly mitigate the risks associated with such lawsuits. At SKT Law, we specialize in employment law and have a proven track record of defending businesses against wrongful termination claims. We know each case is unique, and we create defense strategies to fit your circumstances. We’re here to help you navigate this challenging situation and protect your company’s interests. In California, an employee can sue for wrongful termination if they believe they were fired for an illegal or discriminatory reason, including termination based on: In most cases, the burden of proof in a wrongful termination claim rests with the employee.

They must provide evidence to support their allegations. However, employers also have a responsibility to demonstrate that the termination was justified and based on legitimate business reasons. Navigating wrongful termination claims can be a minefield, especially in states like California, where employment protections are robust. For businesses trying to thrive, protecting themselves against such legal risks isn’t just smart, it’s essential. Here’s how to build a strong defense strategy that not only shields your organization but also reinforces fairness and credibility. Most U.S.

states, including California, operate under an at-will employment framework. It means you can terminate an employee without cause, but not for illegal reasons such as discrimination, retaliation, or other public policy violations. Employees can still pursue wrongful termination claims under certain exceptions, including discrimination (such as age, gender, or religion), retaliation (such as whistle-blowing), or violations of public policy. Clearly understanding these exceptions is the first step in building a strong defense. "Document or it didn’t happen” isn’t just a saying; it’s often how juries perceive it. Keep thorough records of all performance issues, disciplinary actions, and communications.

When terminating, provide written reasons and attach supporting documentation. It not only strengthens your defense but also demonstrates fairness and transparency. Selective enforcement is a red flag. If only one employee is disciplined for a violation while others aren’t, you may open the door to claims of discrimination or unfair treatment. Ensure progressive discipline, and any termination is applied evenly across all employees in similar situations. Effective July 1, 2025, additional protections are available for workers when employers use immigration-related threats to discourage or retaliate against the usage of certain workplace rights.

While Washington is an at-will employment state, employers cannot fire or retaliate against an employee who exercises a protected right or files a complaint under certain employment laws. State law gives employees protection in the following areas: Depending on the situation, L&I will investigate your complaint or refer you to the appropriate agency. You may have additional rights against termination or retaliation under a collective bargaining agreement, in your employer’s policies, or under federal law. However, L&I does not have enforcement authority in these areas. At-will employment means that employers do not need to establish cause or give notice before firing an employee.

That being said, it is against the law for an employer to fire or retaliate against an employee for discussing or filing a complaint about a violation of their protected rights. IMPORTANT: All hyperlinks in this article with an asterisk (*) will take the reader away from this website to either our Williams Law Group Blog* or an official governmental website. This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. Please review our Disclaimer|Terms of Use|Privacy Policy before proceeding.

The terms “wrongful termination” and “wrongful discharge” are synonymous in Washington State and are typically evaluated within the scope of the “at-will” doctrine (hereinafter, “Doctrine”); Washington has been an “at-will” employment state since at... Under this doctrine, an employer can terminate an at-will employee for any reason—whether it’s no reason at all, a legitimate reason, or even an unethical one—without worrying about legal repercussions. Likewise, unless there is a contract that specifies different terms, employees have the unrestricted right to leave their job at any time (i.e., at will). However, the following three recognized exceptions to the general at-will employment doctrine qualify as wrongful termination in Washington: “First, both Congress and the Washington State Legislature have modified the employment at-will doctrine by limiting employers’ rights to discharge employees.” Ford v. Trendwest Resorts, Inc., 146 Wn.2d 146, 153, 43 P.3d 1223, (Wash.

2002) (citing National Labor Relations Act, 29 U.S.C. § 158(a)(1) (1994); Civil Rights Act of 1964, 42 U.S.C. § 2000e-2(a)(1)* (1994); chapter 49.60* RCW (Washington’s law against discrimination); see also chapter 49.12* RCW (prohibiting discharge of employees for testifying in investigations regarding labor conditions, worker earnings, or sex discrimination); RCW 49.44.090* (prohibiting... These statutory laws provide an exception to the at-will doctrine that protects the employee’s rights and limits the employer’s ability to discharge an employee at-will. Second, Washington courts “have recognized a narrow public-policy exception to an employer’s right to discharge an employee”; this exception is commonly known as “wrongful termination in violation of public policy*.” Id. (referencing Smith v.

Bates Technical Coll., 139 Wash.2d 793, 991 P.2d 1135 (2000) (public policy exception to “for-cause” employees); Gardner v. Loomis Armored, Inc., 128 Wash.2d 931, 913 P.2d 377 (1996) (discharge of armored truck driver who abandoned post to prevent murder violated public policy)). Terminating employment creates a number of issues no matter what side of the situation you may find yourself on. If you are an employer facing a wrongful termination lawsuit, you need a high-quality, cost-effective defense to protect your business and your reputation from the adverse effects of a lawsuit . On the other hand, if you are an employee that has been wrongfully terminated, you need aggressive and experienced representation to fight on your behalf so that you can receive the justice you deserve. No matter what your situation is, if you face a wrongful termination claim or if you would like to file one of these claims, it is very important that you hire a Washington employment...

Some of the underlying causes of wrongful termination claims include: Washington state follows the doctrine of “at-will employment,” meaning that either party to an employment relationship may terminate the relationship at any time, and for any reason. While this initially seems to relieve employers from any liability for wrongful discharge, there are certain statutory and common law reasons which may subject an employer to liability for terminating an employee. For example, Washington recognizes a public policy exception to the at-will doctrine, meaning that an employer may not terminate an employee for conduct that comports with public policy. This exception covers employees who are “whistleblowers,” and alert the public or regulatory agencies to employer misconduct or malfeasance. In addition, federal statutes such as the Civil Rights Act of 1964 or the Americans with Disabilities Act prohibit employers from terminating employees for certain reasons and from retaliating against them (which includes termination)...

If an employer wrongfully terminates an employee, they may incur legal liability. Because Washington is an at-will employment state, wrongful termination claims are often difficult to prove and require the assistance of experienced legal counsel. Sometimes, an employer fabricates a valid reason for termination in order to justify some other and legally impermissible reason. When this occurs, a successful legal claim often turns on a thorough investigation and fact sensitive legal analysis. The best way to determine whether you have a claim is to consult with an employment law attorney that understands both Washington state and federal wrongful termination law. There is a limited amount of time in which wrongful termination claims can be filed, so it is important to consult with attorney as soon as possible.

HKM Employment Attorneys represents employees in a wide range of labor, employment, and employee benefits matters, including claims for wrongful discharge. Our firm handles employment law matters at all stages of a dispute from workplace investigations and pre-litigation advice to litigation in state and federal courts. We strive to provide effective and aggressive representation for our clients. Our extensive experience representing employees in labor, employment, and employee benefits cases, allows our firm to quickly analyze the strengths and weaknesses of a case and develop a comprehensive approach to case management. Our extensive experience allows us to anticipate the arguments of opposing counsel and employ specific strategies for an employment lawsuit. Contact a Washington wrongful discharge claims attorney today.

Sample Personnel Records Request for Washington Workers 600 Stewart StreetSuite 901Seattle, WA 98101Phone: 206-838-2504 Business owners are understandably concerned about the prospect of a wrongful termination lawsuit from a former employee. But there are times when letting an employee go is the best and only option. RKPT’s wrongful termination lawyers can help you minimize the likelihood that a former employee will file a wrongful termination lawsuit. And if a former employee does file a wrongful termination claim, we have the knowledge and experience to vigorously defend you and your business.

If your business is concerned about the prospect of a wrongful termination claim, you should consult with our employment attorneys as soon as possible. Our lawyers can provide advice to help you avoid a wrongful termination lawsuit. Preventing a wrongful termination claim starts early. You should lay the foundation for defending against a wrongful termination lawsuit before terminating an employee. Clear employment guidelines can eliminate many wrongful termination claims. Handling the dismissal professionally can reduce the former employee’s desire to take legal action.

For these guidelines to be effective, you must closely follow the terms of your employment agreement and employee handbook. If your business is facing a wrongful termination lawsuit, you will need to show that there were legitimate, non-discriminatory reasons for the termination of employment. Let’s talk about one of the toughest parts of running a business: terminating an employee. It’s never easy, and it’s almost always fraught with legal risk. A single mistake can trigger a costly and time-consuming wrongful termination lawsuit. At SKT Law, we see the fallout from these situations regularly, and we’re passionate about helping businesses avoid them.

This blog is designed to be a practical guide, drawing on our experience, to help you navigate the often-complex world of employee terminations. It’s a legal term, and it’s important to understand it. Wrongful termination, or wrongful discharge, is a claim an employee makes when they believe their firing was illegal. This could mean it violated federal or state laws, or that it broke the terms of an employment agreement. As Eliot Krieger, Co-Founder and Managing Partner of SKT Law, states, “Ignorance of the law is no defense in a wrongful termination case. Business owners have a responsibility to understand their obligations under both federal and state employment laws.”

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