Can I terminate employees without violating employment laws in Washington? What are the requirements?

To terminate employees without violating employment laws in Washington, there are certain requirements that must be met.

Requirements for Termination

According to [3.4]" >WARC 41.06.170, any employee who is reduced, dismissed, suspended, or demoted, after completing his or her 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 [this chapter], or rules adopted under it, shall have the right to appeal, either individually or through his or her authorized representative, not later than thirty days after the effective date of such action to the Washington personnel resources board. The employee shall be furnished with specified charges in writing when a reduction, dismissal, suspension, or demotion action is taken. Such appeal shall be in writing.

Prohibited Actions

It is an unfair labor practice for an employer to discharge or otherwise discriminate against an employee because he or she has filed charges or given testimony under **this chapter [4.2]" >WARC 41.59.140.

Strikes Prohibited

The right of uniformed employees to engage in any strike, work slowdown, or stoppage is not granted. An organization recognized as the bargaining representative of uniformed employees subject to this chapter that willfully disobeys a lawful order of enforcement by a superior court pursuant to RCW 41.56.480 and 41.56.490, or willfully offers resistance to such order, whether by strike or otherwise, is in contempt of court as provided in chapter 7.21 RCW [2.3]" >WARC 41.56.490.

Destruction of Employee Records

RCW 41.06.450 does not prohibit an agency from destroying identifying information in records relating to employee misconduct or alleged misconduct if the agency deems the action is consistent with the policy expressed in RCW 41.06.450 and in chapter 42.56 RCW [3.2]" >WARC 41.06.455.

Additionally, it is mandatory for employers to follow the rules and regulations of the Washington State Personnel Resources Board [2.1]" >WARC 41.56.130. Employers must also follow the rules for termination of employment based on inadequate performance [3.1]" >WARC 41.06.186 and must remove supervisors who tolerate inadequate employee performance [3.3]" >WARC 41.06.196.

If an employer violates any of these requirements, it may be considered an unfair labor practice [2.5]" >WARC 41.56.140 and the Washington State Personnel Resources Board may issue remedial orders and cease and desist orders [2.7]" >WARC 41.56.160.

Based on the above information, it is important to follow the requirements for termination and avoid prohibited actions. It is also important to note that strikes are prohibited and destroying employee records must be consistent with the policy expressed in RCW 41.06.450 and in chapter 42.56 RCW.

Source(s):

• [2.1] Rules and regulations of Washington state personnel resources board—Mandatory subjects.
• [3.1] Employee performance evaluations—Termination of employment—Rules.
• [2.3] Uniformed employees—Strikes prohibited—Violations—Contempt of court.
• [3.2] Destruction of employee records authorized if consistent with other laws.
• [4.2] Unfair labor practices for employer, employee organization, enumerated.
• [3.3] Employee performance evaluations—Termination of supervisors tolerating inadequate employee performance.
• [2.5] Unfair labor practices for public employer enumerated.
• [3.4] Reduction, suspension, dismissal, demotion of employee—Right to appeal.
• [2.7] Commission to prevent unfair labor practices and issue remedial orders and cease and desist orders.

Jurisdiction

Washington

• Labor