Probationary Period Rules in Washington: Can You Be Fired?

Under federal law, at-will employment is the default rule in all U.S. states except Montana. Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e, prohibits employers with 15 or more employees from discriminating based on race, color, religion, sex, or national origin. The Americans with Disabilities Act (ADA), 42 U.S.C. § 12101, applies to employers with 15 or more employees and requires reasonable accommodations for qualified individuals with disabilities. The Age Discrimination in Employment Act (ADEA), 29 U.S.C. § 621, protects workers 40 and older at employers with 20 or more employees. The Genetic Information Nondiscrimination Act (GINA), 42 U.S.C. § 2000ff, applies to employers with 15 or more employees and prohibits discrimination based on genetic information.

The Occupational Safety and Health Act (OSHA), 29 U.S.C. § 660, protects employees from retaliation for reporting safety violations. The Fair Labor Standards Act (FLSA), 29 U.S.C. § 201, establishes federal minimum wage, overtime, and wage-and-hour protections. The Family and Medical Leave Act (FMLA), 29 U.S.C. § 2601, requires employers with 50 or more employees to provide up to 12 weeks of unpaid leave for qualifying reasons. The Equal Pay Act, 29 U.S.C. § 206(d), requires equal pay for equal work regardless of gender. None of these federal laws prohibit or regulate probationary periods directly; they apply equally to probationary and permanent employees. Violations during probation are enforced by the EEOC (Title VII, ADA, ADEA, GINA) or the Department of Labor (FLSA, FMLA, OSHA).

Washington does not have a statute that regulates, requires, or limits probationary periods. Like most U.S. states, Washington follows the at-will employment doctrine, which means employers may terminate employees at any time for any reason, including during a probationary period, unless a contract, collective bargaining agreement, or statute provides otherwise. Washington does not recognize a distinctions between probationary and permanent employees in terms of the baseline right to terminate.

However, Washington's anti-discrimination statute, RCW 49.60.180, prohibits employers from discriminating in hiring, compensation, or termination based on protected classes including race, creed, color, national origin, citizenship status, age, sex, sexual orientation, gender identity, disability, marital status, political affiliation, or use of a service animal. This protection applies to all employees, including those on probation. An employer cannot legally fire a probationary employee because of a protected characteristic.

Washington's whistleblower protection statute, RCW 42.40.010 (the Washington Whistleblowers' Protection Act), shields employees from retaliation for disclosing information about violations of law to a public agency or internally. Probationary employees are protected; termination in retaliation for whistleblowing is unlawful. Additionally, RCW 49.52.060 protects employees from retaliation for reporting wage violations or filing wage complaints. RCW 49.48.010 provides strong wage payment protections requiring wages to be paid at regular intervals; probationary status does not exempt an employer from this requirement.

Washington courts recognize a limited public policy exception to at-will employment. Employers cannot terminate employees in violation of public policy—for example, for jury service, voting, filing workers' compensation claims, or reporting illegal conduct. Probationary employees benefit from these protections as well. If an employment contract, offer letter, or collective bargaining agreement promises continued employment during or after a probationary period, that written agreement may override at-will employment for probationary terminations.

Washington's at-will employment rule has several important exceptions that limit an employer's right to terminate probationary employees. First, termination cannot violate a written contract. If an employment agreement specifies that an employee may not be terminated without cause or promises a probationary period with defined benefits, that contract is enforceable against the employer, even during probation. Second, collective bargaining agreements override at-will employment; union employees have just-cause protections and grievance procedures during probationary periods if the contract provides them.

Third, the public policy exception prevents at-will termination for reasons that violate public policy. Employers cannot fire probationary employees for serving on jury duty, voting, reporting to law enforcement, filing workers' compensation claims, or refusing to commit an illegal act. Fourth, statutory anti-discrimination protections under RCW 49.60.180 prohibit termination based on protected classes. Fifth, whistleblower protection under RCW 42.40.010 shields probationary employees from retaliation for disclosing legal violations. Sixth, wage retaliation protections under RCW 49.52.060 prevent termination for reporting wage violations.

Seventh, employers cannot terminate employees for taking protected leave under the FMLA (federal law, applies to employers with 50+ employees) or Washington's paid sick leave law (RCW 49.46.200). Eighth, probationary status does not shield employers from federal or state discrimination laws; violation of Title VII, ADA, ADEA, or GINA remains illegal regardless of probationary status. Ninth, some Washington cities (Seattle, Tacoma) have local ordinances requiring cause for termination for certain positions or industries. Finally, good faith and fair dealing, though limited in Washington, may imply an obligation not to terminate in bad faith or for malicious reasons, though courts apply this narrowly.

Step 1 — Document Everything. Keep detailed records of all communications related to your employment and termination. Save emails, text messages, performance reviews, and contemporaneous notes about statements made by managers or HR personnel. Document the date and time of your termination and the stated reason. If you believe termination was discriminatory, whistleblower retaliation, or wage-related retaliation, note any suspicious timing (e.g., termination shortly after reporting an issue). Take screenshots or photos of any discriminatory conduct, slurs, or harassment. Request a written copy of your termination notice from HR. Do not resign; ensure you are actually terminated so you preserve unemployment eligibility and strengthen legal claims.

Step 2 — File an Internal Complaint if Appropriate. If you believe your termination violates company policy or is retaliatory, file a written complaint with your employer's HR department immediately. Send it via email and request written acknowledgment. State clearly what law or policy was violated, the date of the violation, and the harm you suffered. Preserve this documentation; it demonstrates you gave the employer a chance to remedy the situation and helps show you acted in good faith. However, do not assume internal complaints will help if the violation is clear-cut discrimination or retaliation—sometimes external agencies must investigate.

Step 3 — File with the Washington Department of Labor & Industries or EEOC. For wage violations or wage retaliation, file a complaint with the Washington Department of Labor & Industries (L&I) Wage and Hour Division online at lni.wa.gov or by calling 1-800-4-LABOR1 (1-800-452-2761). No filing fee is required. You have 3 years to file from the date of the violation. Provide your name, contact information, employer name and address, dates of employment, description of the wage violation, and copies of pay stubs or timesheets if available. For discrimination (race, color, religion, sex, national origin, age, disability, sexual orientation, gender identity, marital status, political affiliation), file with the Washington State Human Rights Commission (WSHRC) at hum.wa.gov/discrimination or call 1-800-233-3247. Filing with WSHRC is free. You have 1 year from the date of discrimination to file (this is Washington's statute of repose). Alternatively or simultaneously, file with the federal EEOC at eeoc.gov or call 1-800-669-4000. The EEOC has 180 days to receive your charge in Washington (non-deferral state, though Washington is a jurisdictional-deferral state, meaning EEOC will defer to WSHRC). For whistleblower retaliation under RCW 42.40.010, you may file a civil action directly in court or contact the Washington Department of Labor & Industries. For retaliation under RCW 49.52.060 (wage reporting), file with L&I or pursue a civil action.

Step 4 — Expect Investigation and Processing. After filing with L&I or WSHRC, the agency will contact your employer and request a response within 10-30 days, depending on the violation type. L&I wage investigations typically take 30-90 days. WSHRC discrimination investigations may take 60-180 days. During this time, the agency may interview you, your employer, and witnesses. You may be asked to provide additional documentation. The agency will request the employer's payroll records, personnel files, email communications, and witness statements. Once investigation concludes, the agency will issue a determination letter stating whether a violation occurred. If no violation is found, you may request reconsideration or appeal to an administrative law judge. If a violation is found, the agency may order the employer to pay back wages, penalties, or damages.

Step 5 — Consult an Employment Attorney if Needed. If the agency declines to investigate or finds no violation, or if you want to pursue damages beyond what the agency awards, consult an employment law attorney licensed in Washington. Many offer free initial consultations. You should hire an attorney if: (1) the violation involves significant monetary damages (back wages exceeding $5,000 or disability discrimination), (2) the employer is retaliating or threatening you, (3) the agency denies your claim but you have strong evidence, (4) you want to pursue punitive damages or emotional distress claims, or (5) the case involves complex contractual issues or whistleblower protection. Attorney's fees may be recoverable under RCW 49.52.100 for wage violations and under certain discrimination statutes, so the employer may ultimately pay your legal costs.