Jury Duty Leave in Washington: Employer Obligations & Your Rights

Washington's jury duty protection statute, RCW 2.36.165, is significantly broader than federal law and applies to all employees summoned for jury duty in any Washington court (state and federal). The statute covers employers of all sizes, including public and private employers, and applies to all employees regardless of tenure or classification. Washington law explicitly prohibits discharge, threat, intimidation, or discrimination of any kind based on jury service.

Under RCW 2.36.165(2), employers must pay employees their normal wages during jury duty absence. This creates a paid-leave requirement that goes beyond what federal law requires. The statute defines "wages" as regular compensation the employee would have earned absent the jury summons. Washington courts have interpreted this provision broadly to include all ordinary wages and benefits.

Washington law is stronger than the federal baseline in three key ways: (1) it covers all state court jury duty, not just federal court; (2) it explicitly requires wage payment; and (3) it prohibits not only discharge but any retaliatory conduct including demotion, reduced hours, or unfavorable evaluation based on jury service. The statute applies retroactively and prospectively, meaning an employer cannot retaliate before, during, or after jury service.

Violations under Washington law are enforceable through civil action in state courts. Remedies include reinstatement, back pay with interest, compensatory damages for emotional distress and other harms, punitive damages if the violation was willful or reckless, and attorney fees and costs. These remedies are available in addition to any damages for wrongful termination.

RCW 2.36.165 contains no statutory exceptions. However, an employer may discipline or terminate an employee for reasons unrelated to jury duty service (standard at-will employment principles apply). The critical distinction is that jury service cannot be a factor in the decision. An employer facing hardship due to an employee's absence may not use that hardship as justification for retaliation.

Employees summoned to jury duty must make a good-faith effort to notify employers promptly. Failure to provide notice does not strip the employee of statutory protection, but the employer may have a claim against the employee for damages if non-disclosure caused quantifiable harm. However, Washington courts recognize that the burden of disclosure rests primarily on the court system, not the employee.

An employer's assertion that it did not know about jury duty is generally not a valid defense if the employee did notify the employer or if the employee was not given reasonable opportunity to notify the employer. The law assumes employees receive summonses and have notice obligations, but the statute does not require the employee to prove actual receipt of the summons by the employer—only that the employee notified the employer of the duty as soon as practicable.

Step 1: Document the Jury Duty and Employer Response. Keep the original jury summons, any court documents, and calendar records showing when you served. Document all communications with your employer about jury duty, including emails, text messages, or verbal conversations. If retaliation occurs after your service, save documentation of the adverse action: termination letter, email, performance evaluation, reduction in hours, demotion notice, or any negative treatment you did not receive before jury duty. Write contemporaneous notes with dates, times, and details of any retaliation or threats.

Step 2: Notify Your Employer Internally and Request Clarification. If you have not already done so, send a written email to your employer (HR department or supervisor, depending on company size) documenting that you were called for jury duty and when you must or did serve. Keep a copy. If you have been fired or threatened, send a follow-up email asking for clarification about whether jury service was a factor in the decision. Do not admit fault or over-explain; let the employer's response establish their reasoning. Request written confirmation of the stated reason for any adverse action.

Step 3: File a Civil Complaint in Washington State Court. RCW 2.36.165 is enforced through civil action, not an administrative agency like the EEOC. You do not need to file with a state agency first. File in the Superior Court of the county where you worked or where the violation occurred. You will need to file a complaint alleging violation of RCW 2.36.165, wrongful termination, and breach of the statute. Consult an attorney before filing to ensure proper pleading and to assess damages. The filing fee is typically $200–$300 depending on the county. You must file within three years of the violation (RCW 4.16.080).

Step 4: Expect Discovery and Possible Settlement Negotiation. Once filed, the employer will be served and will have 20 days to respond (Superior Court Civil Rules). Discovery will follow, in which both sides exchange documents and take depositions. The employer may attempt to prove the termination or adverse action was for a legitimate, non-retaliatory reason. This is where your documentation becomes crucial. The case may settle at mediation or proceed to trial. Settlement negotiations may involve reinstatement, back pay, compensatory damages, and attorney fees.

Step 5: Consult an Employment Attorney Early. Do not wait until after termination to seek legal advice. An attorney licensed in Washington can advise you on whether your situation is strong, estimate damages, and handle filing and negotiation. Many employment attorneys in Washington work on contingency (no upfront cost; attorney takes a percentage of recovery), especially in retaliation cases. Look for an attorney with experience in wrongful termination or RCW 2.36.165 specifically. Contact the Washington State Bar Association referral service (206-727-8000) if you need help finding counsel.