Legal Question in Employment Law in Washington

''Termination without an employee's explination''

Is it possible for an individual to be terminated due to the employee being arrested and unable to be present for their shift, even if they contact their employer prior to their shift, and advise the employer of the situation, and then being released from jail the next day with out charges, and making the employee a non-liability towards their employer or the company? (There are some detailed facts that can be furnished upon request, I just wanted to know if I had a case or not.)


Asked on 1/16/04, 1:11 pm

1 Answer from Attorneys
Matthew King Wershow & Ritter, Inc. P.S.

Re: ''Termination without an employee's explination''

Washington is an "at-will" state, meaning that most employyees (except those that sign employment contracts that have a "for cause" clause) can be terminated without cause. That being said, an employer may not ususally terminate an employee for conduct that occurs off-premises on the employee's own time. An employer is usually given an opportunity to give a reason for the termination -- so long as that reason could have been the reason for the termination, then no unlawful termination results.

I recommend you consult an employment attorney to discuss your rights.

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Answered on 1/16/04, 1:26 pm


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