Legal Question in Employment Law in Washington

Fired for DD214

I was hired by a military retail chain had been working there for about 7 weeks, they asked for my dd214 which had a misconduct discharge, but was under honorable conditions. Then fired. Is there any law that protects me for wrongful termination. They should have asked for this before hire. Please help.


Asked on 11/19/03, 8:54 pm

1 Answer from Attorneys

Jeffrey A. Lustick, Esq The Lustick Law Firm

Re: Fired for DD214

Washington is an �at will� employment state. Basically you can be fired for any reason as long as the reason isn�t based on some sort of unlawful discrimination or amounting to a violation of the public policy of this state.

In Washington, it�s not illegal to discriminate against someone who received a misconduct discharge from the military. I agree that they probably should have screened your prior military service and discharge characterization more closely and perhaps sooner, but this is not a case of wrongful discharge.

Have you ever considered looking into the possibility of having your discharge officially upgraded? Every service has a Board for Corrections of Military Records that has the power to upgrade most misconduct discharges unless adjudged as a result of a court-martial. Since your discharge has already cost you two jobs (first your job in the military and now secondly this one), I suggest that seriously look into having this discharge upgraded as soon as you can.

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Answered on 11/19/03, 9:18 pm


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