Can You Be Fired for Discussing Pay in Washington?

Talking about pay in a Washington workplace is sensitive. At the same time, if you’re worried about your pay—or worse, know that you’re not being paid fairly—it’s natural to want to bring it up. Sometimes this means risking your job, but you might be surprised to learn that you have certain legal options that our team at Ferraro Vega Employment Lawyers can help you with. Set up a free consultation today.

Are There Laws in Washington That Cover Discussing My Pay?

First things first, talking about your pay isn’t illegal at all in Washington. This is true no matter where you work. But that doesn’t mean that your employer won’t try to keep you from doing that. Usually, they do this by:

• Firing you or laying you off after they ask about pay differences
• Demoting you or reducing your hours following a discussion
• Disciplining you or writing you up to an excessive degree
• Cutting your pay or denying you a promotion
• Harassing you or pressuring you into staying silent

In legal terms, this amounts to what’s called “retaliation.” And under both Washington and federal law, retaliation is illegal. But in a lot of situations where pay is being discussed, it’s a bit more subtle. Your employer might say that talking about pay hurts morale or its confidential information. None of those reasons override Washington law. You and your coworkers are allowed to discuss pay even if management doesn’t like it or finds it inconvenient. But the question then becomes, what happens if I’m punished?

What Should I Do If I’m Punished for Talking About Pay?

When you’re talking about your pay in the workplace, whether formally or informally, it’s a bit sticky. Yes, you can do that. But again, it’s not about what you can or can’t do, it’s about how your employer is going to respond.

When they respond in a way that’s meant to punish you or retaliate against you, you have certain options for making things right:

• Filing a retaliation claim with L&I. The Washington State Department of Labor & Industries (L&I) enforces the state’s labor laws, including those around illegal retaliation. Once you submit a complaint form that outlines what’s going on, L&I will investigate, gather records, and conduct interviews to see if there is any violation. If so, they’ll issue fines and other punishments to your employer.
• Filing a lawsuit. If the L&I claim doesn’t go anywhere, you can move forward with a lawsuit in civil court. This is obviously more involved, but generally, you can hold your employer accountable legally for their retaliation. It allows you to recover “damages” for your:
  • Lost income from being fired, suspended, or having your hours cut
  • Lost benefits, including health insurance or retirement contributions
  • Costs relating to any emotional distress caused by the retaliation
  • Attorneys fees and court costs

Trying to do this takes courage—especially when all you did was speak openly about pay. But these cases aren’t just about your finances. They’re more about making your employer change the way they do things.

How Do You Prove Retaliation for Discussing Pay?

Just having legal protection doesn’t mean you won’t face retaliation for talking about your pay at your job. And if you find yourself in that situation, documentation is really going to matter. It’s not just about showing what’s happening currently, it’s about showing a clear connection between:

• You talking about pay and your employer treating you differently afterward

Here’s what can help you do that:

• Emails, texts, or messages where pay was discussed—whether with coworkers, a manager, or HR
• Meeting notes or calendar entries showing when pay conversations happened
• Employee handbooks or written policies that discourage or prohibit discussing wages
• Screenshots or copies of internal messages warning employees not to talk about pay

Then, it’s just as important to document what changed afterward:

• Schedule changes, reduced hours, or sudden shift reassignments
• Pay changes, including cuts, lost bonuses, or withheld raises
• Disciplinary write-ups or warnings that didn’t exist before
• Performance reviews that suddenly turn negative without explanation
• Changes in job duties, demotions, or being pushed out of your role
• Termination paperwork or separation notices, if it went that far

You don’t have to have all of this lined up perfectly. Just enough to show the before and after. But it’s equally important to have the right help. Employment law can get tricky, but with our team on your side, we can make everything easier.

Protect Your Workplace Rights in Washington With Ferraro Vega Employment Lawyers

When you get pushback from your boss or the higher ups for talking about your pay, it’s helpful to have someone that can stand up for your rights. Washington law protects you from illegal retaliation and wrongful termination, but it’s not always easy to see that it’s happening.

At Ferraro Vega Employment Lawyers, we can help you see the whole picture and make sure you’re protected. Set up a free consultation today to talk through your situation and options.