Ask Reggi Your Question Now
Can I fire employees for reasons other than poor performance in Washington? What are the requirements?
Can I fire employees for reasons other than poor performance in Washington? What are the requirements?
Yes, employers in Washington can fire employees for reasons other than poor performance, but there are certain requirements that must be followed.
Reasons for Layoff
Employers may lay off employees without prejudice according to layoff procedures that are consistent with the rules. The reasons for layoff include, but are not limited to, lack of funds, lack of work, or organizational change [2.1].
Layoff Procedure
Employers must have a layoff procedure in place that identifies clearly defined layoff units, provides opportunities to avoid or minimize layoff, requires the appointing authority to provide written notice of layoff to employees, provides layoff options for permanent employees being laid off, addresses the time frame in which employees must select a layoff option, defines what the employer considers when determining the comparability of a position, identifies the employer’s legitimate business requirements if the employer is going to consider those requirements in determining layoff options, describes how employment retention ratings will be calculated, and specifies how the employer will break ties when more than one employee has the same employment retention rating [2.4].
Separation for Nondisciplinary Reasons
An employer may separate a permanent employee from a position or from employment for nondisciplinary reasons such as failure to comply with the conditions of employment which may or may not have existed at the time of initial appointment or failure to authorize or to pass a background check required by the position. The employer may consider other employment options such as transfer or voluntary demotion in lieu of separation [2.5].
It is important to note that employees who are reduced, dismissed, suspended, or demoted, after completing their probationary period of service as provided by the rules of the director, or any employee who is adversely affected by a violation of the state civil service law, chapter 41.06 RCW, or rules adopted under it, shall have the right to appeal, either individually or through their authorized representative, not later than thirty days after the effective date of such action to the Washington personnel resources board [1.1][1.2].
Therefore, while employers can fire employees for reasons other than poor performance, they must follow the layoff procedure and ensure that they are not violating any state civil service laws or rules. Employees who are adversely affected by such actions have the right to appeal to the Washington personnel resources board.
Source(s):
- [1.1] Employee performance evaluations—Termination of supervisors tolerating inadequate employee performance.
- [2.1] What are the reasons for layoff?
- [2.4] What must be included in the employer’s layoff procedure?
- [2.5] May an employer separate an employee for nondisciplinary reasons?
- [1.2] Reduction, suspension, dismissal, demotion of employee—Right to appeal.
Jurisdiction
Washington