Washington at-will employment exceptions

Protected off-duty conduct

Since 1 January 2024 you cannot refuse to hire someone for lawful off-duty cannabis use or a test showing only non-psychoactive cannabis traces. Safety-sensitive and some other jobs are exempt. Firing is not covered. Source: app.leg.wa.gov↗ (opens in a new tab)

Notice before layoffs (state mini-WARN)

Employers with 50+ Washington staff (not counting part-timers) must give 60 days' written notice to affected workers and the Employment Security Department before a closing or mass layoff of 50+ workers. Source: app.leg.wa.gov↗ (opens in a new tab)

Penalties

No single state penalty; remedies depend on the claim. Source: courts.wa.gov↗ (opens in a new tab)

Recent changes

Washington's mini-WARN law (2025 c 277) requires 60 days' notice of closings and mass layoffs by employers with 50+ staff; it was amended in 2026 (2026 c 86). Source: app.leg.wa.gov↗ (opens in a new tab)

The law and where to check

The law: Chapter 49.45 RCW (layoff notice); RCW 49.44.240 (cannabis hiring) (opens in a new tab)

The agency: Washington Employment Security Department, WARN requirements (opens in a new tab)

What federal law says

Federal law does not set a general rule on at-will employment, but it bars firing for many reasons, including discrimination, retaliation for complaints, taking FMLA leave, military service and union activity. Source: U.S. Department of Labor↗ (opens in a new tab)

At-will employment exceptions checklist for Washington employers

A simple order of work, based on the rules above. It is not a legal checklist.

1. Say in your handbook and offer letters that employment is at will, and avoid promises of job security.
2. Make sure handbook wording does not create a contract (add a clear disclaimer).
3. Never fire someone for refusing to break the law, reporting wrongdoing, or using a legal right.
4. Write down the real, lawful reason for each firing.
5. Check federal and state anti-discrimination and leave laws before you act.
6. Pay final wages on time; see our final paycheck guide for your state.

More Washington employment law guides

• All Washington employment laws
• Washington final paycheck law
• Washington paid sick leave law
• Washington meal and rest break laws
• Washington overtime law
• Washington pay frequency law
• Washington vacation and PTO payout law
• Washington new hire reporting

At-will employment exceptions laws in other states

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Disclaimer: This guide provides general information based on publicly available official sources and is for information only. It is not legal, tax, payroll or employment-law advice and does not guarantee compliance with federal, state or local requirements. Rules can depend on your location, industry, contracts and other circumstances, and laws change. Always check the official source, the relevant government agency or a qualified professional before making a decision. MadyHR.ai accepts no responsibility for any action taken based on this page.

Last checked: October 19, 2026. Every rule and source link on this page was checked against the official government source on this date. Laws change, so always open the source link before you act.