2023 Revised Code of Washington
Title 38 - Militia and Military Affairs
Chapter 38.42 - Service Members' Civil Relief.
38.42.170 - Termination of employment contract upon receipt of military service orders—Spouses.
RCW 38.42.170
Termination of employment contract upon receipt of military service orders—Spouses.
(1) The spouse of a service member may terminate an employment contract without penalty at any time after the service member receives military service orders for a permanent change of station if:
(a) The spouse provides written notice, including email, to the employer of the termination under this section; and
(b) The spouse provides written proof to the employer of the official orders showing that the service member has received military orders for a permanent change of station.
(2) Termination of an employment contract under this section is effective on the day notice is given under subsection (1) of this section or on a date mutually agreed to by the parties to the employment contract.
(3) An employer may not impose any penalty for termination of an employment contract under this section.
(4) For purposes of this section:
(a) "Employment contract" means a contract that establishes the terms of employment or other professional relationship with the spouse of a service member. "Employment contract" does not include an independent contractor agreement.
(b) "Penalty" means any fee or cost or liability for breach of contract or any other adverse consequence imposed by the employer. "Penalty" does not include any requirements established by state or federal law.
(5) This section applies prospectively only and not retroactively. It applies only to employment contracts entered into on or after July 23, 2023.
(6) Nothing in this section shall be construed as altering the terms, conditions, or practices contained in any collective bargaining agreement in effect on July 23, 2023, until the expiration date of such agreement.
[ 2023 c 165 § 9.]
NOTES:
Short title—Finding—Intent—2023 c 165: See notes following RCW 18.340.020.
