Legal Question in Employment Law in Washington

Re: Wrongful Termination

Employment in most states is generally "at will." This means that an employer may end the employment relationship at any time for any reason, except for a reason that has been declared illegal, such as age, race, sex, etc. Employers often try to cover up an illegal termination by claiming the employee did something wrong, however. This is called a "pretext."

In evaluating a termination, we start with the prima facie case. This is a showing that the employee is within a protected classification (age, race, etc.), that an adverse employment action has occurred (termination), and that a connection exists between the protected classification and the adverse employment action. The connection between the protected classification and the adverse employment action is the critical factor, but making out a prima facie case requires only a minimal connection, though a real one.

Once the prima facie case is established, the employer is obligated to articulate a legitimate business reason for its employment decision. Once it does so, the employee must show that the purported legitimate business reason is not the real reason, but is but a pretext for illegal discrimination. That requires proof that the employer treated those outside the protected classification more favorably, or made comments suggesting a bias, or generally that the purported reason makes no sense absent illegal discrimination.