Despido injustificado

Losing your job can be stressful and confusing, especially when you believe you were fired for an unlawful reason. While Washington generally follows the employment-at-will doctrine, employers cannot terminate employees for any given reason. A termination may be unlawful if it is based on discrimination, retaliation, protected workplace activity, or another reason prohibited by Washington or federal law. If you believe you have been wrongfully terminated, it is important to understand your rights and take steps to protect them. At the James Hawkins Firm, our attorneys have represented employees in wrongful termination and other employment disputes for more than 25 years. We understand that employers may offer legitimate-sounding explanations for a termination, which is why carefully examining the facts, timing, and evidence surrounding your dismissal matters. If you believe your termination may have been unlawful, contact the James Hawkins Firm today to schedule a free consultation to discuss your situation and learn about your legal options.

¿Qué es el despido improcedente?

Wrongful termination occurs when an employer fires an employee for a reason that violates Washington or federal law, public policy, or an otherwise legally protected right. Although Washington is an at-will state, that does not give employers unlimited discretion to terminate employees. Certain laws specifically protect Washington workers from being fired because of who they are, because they exercised a protected workplace right, or because they reported or opposed unlawful conduct.

Washington’s Law Against Discrimination (WLAD) is one of the state’s key protections. Under RCW 49.60, employers cannot discharge an employee because of protected characteristics such as race, creed, color, national origin, citizenship or immigration status, sex, marital status, sexual orientation, veteran or military status, age, or disability. Under Chapter 49.46 RCW, employees also have rights relating to minimum wage, overtime, paid sick leave, and other workplace protections. Employers may not retaliate against employees for exercising rights protected by these laws. Additional retaliation protections fall under RCW 49.60.210, which makes it unlawful for an employer to discharge or otherwise discriminate against an employee because the employee opposed practices prohibited by the WLAD or filed a charge, testified, or assisted in a proceeding.

In addition to Washington state protections, employees may also be protected by federal employment laws. These protections include the Title VII of the Civil Rights Act of 1964 which prohibits termination based on characteristics such as race, color, religion, sex, or national origin; the Ley de Estadounidenses con Discapacidades (ADA): which protects qualified employees with disabilities from discrimination; the Ley de Discriminación por Edad en el Empleo (ADEA) which protects workers age 40 and older from age-based discrimination; and the Ley de Licencia Familiar y Médica (FMLA) which protects eligible employees from being fired or retaliated against for exercising certain rights to protected medical or family leave.

Because the protections available to you depend on the circumstances surrounding your termination, it is important to have a member of our team evaluate your situation so we can help you determine which state and federal laws may apply to your case and explain the legal options available to protect your rights.

Why Do Wrongful Terminations Happen?

Wrongful termination can happen when an employer’s decision to fire an employee is influenced by bias, discrimination, retaliation, or another unlawful reason. Bias is not always obvious. It may affect how an employer evaluates an employee’s performance, assigns opportunities, handles discipline, or applies workplace policies. In other situations, an employee may be terminated after speaking up about discrimination or harassment, reporting wage violations, requesting a legally protected accommodation or leave, or participating in a workplace investigation, in an attempt to cover up the situation. Employers may not always be upfront about what is really behind a termination. Instead, they may point to performance, attendance, misconduct, restructuring, or another legitimate-sounding reason. This can make it difficult for an employee to know whether the termination was actually lawful. That is where the James Hawkins Firm can help. We look beyond the employer’s explanation and investigate the circumstances surrounding your termination, including the timing of the decision, how you were treated compared to other employees, and whether evidence shows signs of bias, discrimination, or retaliation. Our goal is to uncover what really happened and determine whether your employer violated your rights.

Signs You May Have Been Wrongfully Terminated

If any of the following situations sound familiar, our Washington employment attorneys can help you understand whether you may have a wrongful termination claim:

• You were terminated shortly after reporting discrimination, harassment, retaliation, or another workplace violation.
• You were treated differently from similarly situated employees.
• You were fired after requesting a legally protected accommodation or exercising another workplace right.
• Your employer suddenly claimed you had performance or conduct problems after a history of positive reviews.
• The explanation for your termination changed or does not appear consistent with the evidence.
• You were disciplined or terminated after complaining about unpaid wages, overtime, or other wage-and-hour violations.
• You were terminated after participating in an investigation, filing a complaint, or opposing conduct you reasonably believed was unlawful.
• A supervisor or manager made discriminatory comments or treated employees differently because of a protected characteristic.
• Other employees engaged in similar conduct but were not disciplined or terminated.

Not every unfair or unpleasant termination is necessarily unlawful. However, if you have concerns about why you were fired or believe something about your termination was wrong, it is worth speaking with our team. Our consultations are free, allowing you to discuss what happened, understand your rights, and learn about your legal options without the upfront cost of hiring an attorney.

How Our Wrongful Termination Lawyers in Washington Can Help

At the James Hawkins Firm, we understand that being fired can leave you with more questions than answers. Our experienced employment attorneys can help you understand what happened, determine whether your termination may have violated Washington or federal law, and pursue available remedies. We take a thorough approach to each case, gathering and reviewing the evidence needed to build your claim. This may include employment records, emails, text messages, performance reviews, disciplinary records, company policies, and other relevant documents. We may also speak with coworkers and other witnesses who can provide insight into how you were treated and the circumstances surrounding your termination. When appropriate, we can negotiate with your former employer or take your case to court.

We also understand that pursuing a legal claim can feel financially overwhelming, which is why we represent eligible employees on a contingency fee basis, meaning you do not pay attorney fees unless we win your case. This lets you pursue your rights without worrying about the upfront cost of hiring an employment lawyer.

Protect Your Rights After a Wrongful Termination

If you believe you were fired because of discrimination, retaliation, or another unlawful reason, it is important to act now. Evidence can become more difficult to obtain over time, and legal deadlines may apply to your claims.

You should not be afraid to question a termination simply because your employer says it was based on performance, misconduct, or another legitimate reason. If something about your termination does not seem right, you deserve to understand what happened and whether your rights were violated. Contact the James Hawkins Firm to discuss your situation with an experienced Washington employment law attorney and learn whether you may have a wrongful termination claim.