H-3360.1  _______________________________________________

                          HOUSE BILL 2543

          _______________________________________________

State of Washington      57th Legislature     2002 Regular Session

By Representatives Wood, Cooper, Kenney, Conway, Chase, Edwards, Simpson, Veloria and Santos

Read first time 01/21/2002.  Referred to Committee on Commerce & Labor.

Requiring employers to have just cause when taking adverse employment action against an employee.

    AN ACT Relating to discharge or adverse employment action for just cause; and adding a new section to chapter 49.12 RCW.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION. Sec. 1.  A new section is added to chapter 49.12 RCW to read as follows:

    (1) Without just cause, an employer may not discharge an employee from employment or take any other adverse employment action against an employee if:

    (a) The employer required the employee to give notice of his or her intent to terminate his or her employment;

    (b) The employee gave the employer such notice; and

    (c) The employer discharged or took adverse action against the employee after the employee gave the employer such notice.

    (2) For the purposes of this section, "just cause" means a fair and honest cause or reason that is regulated by good faith on the part of the employer, based on facts supported by substantial evidence, and reasonably believed by the employer to be true.  "Just cause" does not mean an arbitrary, capricious, or illegal reason.

    (3) The employer has the burden of proving just cause for the discharge or the other adverse employment action.

    (4)(a) An employee who believes he or she was discharged or subjected to other adverse employment actions in violation of this section may file a complaint alleging the violation with the director.  The employee may allege a violation only by filing such a complaint within ninety days of the alleged violation.

    (b) Upon receipt of the complaint, the director must cause an investigation to be made as the director deems appropriate and must determine whether this section has been violated.  Notice of the director's determination must be sent to the complainant and the employer within ninety days of receipt of the complaint.

    (c) If the director determines that this section was violated and the employer fails to compensate the employee for any lost wages and fails to withdraw any other adverse employment action taken against the employee, within thirty days of receipt of notice of the director's determination, the employee may bring an action against the employer alleging a violation of this section and seeking compensation of lost wages and withdrawal of adverse employment actions.

    (d) In any action brought under this section, the superior court has jurisdiction, for cause shown, to restrain violations under this section and to order compensation of lost wages and withdrawal of adverse employment actions.

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