During this holiday season, for many employers the “holiday party” is a tradition to develop inter-personal relationships amongst colleagues and celebrate the end of the year together. In keeping with the festive mood, employers often provide ample food and drinks for everyone to enjoy. However, this year, employees might notice an absentee at their holiday […]
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Refusal to Hire an Applicant Due to Prior Opposition to Discriminatory Practices of a Prior Employer Can Expose Employer to Liability Under WLAD
On November 9, the Washington State Supreme Court (WSSC) en banc filed its opinion on the certified question of whether “RCW 49.60.210(1) create[s] a cause of action for job applicants who claim a prospective employer refused to hire them in retaliation in opposition to discrimination against a different employer.” In short, the WSSC concluded yes, […]
I Want Him Out
“I want him out.” “I want her gone.” I hear this a lot from clients. They co-own a limited liability company (an “LLC”) with another person or another couple, and things just aren’t working out. They have equal voting power, or decisions require unanimous votes, and each side has a different, strongly-held opinion about how […]
New Washington State Supreme Court Case: Updated Standard for Discrimination Claims and A Warning That Policies Can Modify At-Will Employment
On October 19, 2017, the Washington State Supreme Court entered its opinion in the matter of Mikkelsen v. Public Utility District No. 1 of Kittias County, et al. In Mikkelsen, the female plaintiff sued her former employer (a utility district) for wrongful discharge based on gender and age discrimination, and failure to follow the progressive […]
Wine Damage During Bottling Underscores Importance of Insurance
Wine is a very fragile product that can be damaged by heat, light, physical damage to bottles, or even during the bottling process itself. The damage suffered by a Washington cult winery during bottling underscores the importance of obtaining proper insurance. Cayuse Vineyards recently sent an email to its customers informing them that “during bottling […]
The Awful Agreement
It’s an exciting moment. You’ve finally decided to do it. You and your friends are going to form a limited liability company and start your own business. You’ve put a lot of thought into this, crunched the numbers, and weighed the risks. It’s time. Once that decision is made, delays become painful. You’re ready now. […]
Seven Words that Scare Me
“Let me tell you what I did….” Nothing scares me more than hearing this from a client. I know that’s not the case for all of my fellow attorneys. In fact, I’m sure that it’s a litigator’s favorite phrase. For me, a transactional guy, however, it usually means trouble. Let’s face it, some things are […]
Gender Identity No Longer Protected Under Title VII
Following close on the heels of other Obama administration-era rollbacks (see Education Secretary Betsy DeVos’s recent announcement rescinding prior guidance as to the standard of proof to be applied under Title IX), Attorney General Jeff Sessions announced yesterday that it is the Department of Justice’s position under President Donald Trump that it will no longer interpret […]
Liability for School Shootings
Recently, a 15 year old high school sophomore, fatally shot another student, Sam Strahan and wounded three others at Freeman High School in Rockford, Washington. The shooter brought a handgun and an assault rifle to school in a duffel bag he carried on to the school bus. The assault rifle jammed when he tried to […]
The Trump Administration Announcement to End DACA
On September 5, 2017, the Trump Administration announced the end of the program known as Deferred Action for Childhood Arrivals or DACA. Since 2012, DACA granted nearly 800,000 eligible noncitizens (including about 18,000 people in Washington State) temporary protection from deportation; employment authorization; and permission to participate in the Social Security program. The people eligible […]