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RESEARCH TOOLS › MRSC Index › Personnel - Separation, termination and layoff, WARN Act of 1988 (Federal), non-civil service, employment at will

MRSC Index A topical index to MRSC's information resources.

Personnel: PE 4.4200 - Separation, termination and layoff, WARN Act of 1988 (Federal), non-civil service, employment at will

Expand Section Electronic Documents (7 Results)

Expand Section Paper Documents (5 Results)

  1. "Reductions in force: eliminating staff without creating lawsuits," presented by Steve Winterbauer and Carter Mann. 1995 Critical Employment Law Issues Series
    Request this document | Document Date: 11/95

  2. "Helping the employee and management survive a layoff," Western City, February 1994
    Request this document | Document Date: 2/94

  3. Ordinance No. 27438 - Establishes an employee separation benefit program for permanenetly appointed, unrepresented employess whose positions are identified for elimination as part of the reorganization plan
    Request this document | Document Date: 11/05
    Jurisdiction: Tacoma

  4. Employee transition agreement with Woodland Park Zoological Society relating to separation incentive program benefits, November 25, 2002
    Request this document | Document Date:
    Jurisdiction: Seattle

  5. "Investigations 101," by James Webber. AWC/LGPI Labor Relations Institute, May 2001
    Request this document | Document Date:

Expand Section MRSC Library Catalog Documents

Expand Section Featured Inquiries (9 Results)

  1. Must an individual who is being terminated be paid immediately?
    No. There is a specific statutory provision which covers this subject. RCW 49.48.010 indicates that a terminated employee must be paid at the end of the next regular pay period. This means that the individual can be paid his last check at the same time as other city employees receive their checks. It is not necessary to cut an immediate check and pay the individual on the day of his termination.

  2. Must city provide pre-termination hearing before terminating appointive official or employee?
    A pre-termination hearing is not required for non-civil service city officials and employees unless there is an implied or express agreement to the effect that the official or employee would be termi-nated only for cause. See Thompson v. St. Regis Paper Company, 102 Wn.2d 219, 685 P.2d 1081 (1984). However, MRSC recommends that a termination hearing be held as an added protection in case a lawsuit is filed alleging wrongful termination.

  3. Is a city subject to a claim of discrimination if it fires an employee who is collecting workers' compensation?
    RCW 51.48.025 prohibits an employer from discharging or in any manner discriminating against an employee because the employee has filed or communicated to the employer an intent to file a claim for compensation under Workers' Compensation. This is different from discharging an employee who is no longer capable of performing his or her job.

  4. May a city discharge an employee who is collecting workers' compensation pay?
    Yes. There is no general prohibition against discharging an employee receiving benefits under industrial insurance as long as the employee is unable to perform the job. If that were the case, cities would have to hold open positions indefinitely whenever an employee has been injured on the job. The State Department of Labor and Industries has indicated that it is not uncommon for an employee who is receiving workers' compensation benefits to be discharged if the employee is unable to perform that job or another job with the employer.

  5. What should a city do if there are specific instances of employee misconduct?
    Specific instances of misconduct should be documented in the personnel file of the officer or employee. Any verbal or written warnings given to an employee should also be documented. In the event that an employee or officer alleges that termination was due to improper or illegal reasons, then such a record could be important in order to justify the termination.

  6. What if the city has adopted personnel policies or regulations concerning termination?
    If the city has adopted any specific personnel policies or regulations regarding termination, those policies may, in certain circumstances, amount to a type of contract right. A city would be bound to follow any such adopted procedures.

  7. Must justification be stated if an at-will employee is terminated?
    MRSC recommends that a city not attempt to provide specific reasons for the discharge of the individual, but merely indicate that the termination is in the best interests of the city. If the city makes public allegations concerning the work performance or conduct of the individual in question, it is likely that the officer or employee would be entitled to a name-clearing hearing at the time of discharge.

  8. What is the process for terminating an appointed officer in a mayor-council, noncharter code city?
    Because most appointive officers in noncharter code cities serve at the pleasure of the mayor, it is not necessary for the mayor to have specific reasons or instances of misconduct in order to terminate an at-will appointive officer. In the absence of a local contract or employment agreement, no particular notice or hearing requirements are required prior to termination. A city should be certain that an employee's termination is not based on any improper reason, such as age or sex discrimination, or because of the employee's participation in any protected political activity.

  9. Which city employees are considered to be "at-will?"
    Most officers and employees of the city who are not covered by civil service or a union collective bargaining agreement are considered to be "at-will" officers or employees. This means that they can be terminated at the pleasure of the mayor without specific cause or reason.

Expand Section Subject Pages (3 Results)

  1. Additional Points to Know About Reductions in Force
    Additional Points to Know About Reductions in Force, From Labor Law 101 for County Officials
  2. Employee Terminations
    Information on a municipality's ability to terminate an employee in Washington
  3. Reduction in Force - Layoffs
    Information for Washington cities and counties on reduction in force - layoffs