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@olympiaattorney
Appealing an Agency Decision: Details Matter
The good thing about agency decisions, if there is a good thing, is that these decisions can be appealed. This means that your case can eventually be heard by a neutral third party. In most cases, this third party will be the superior court. In order to get to superior court review though, you have to pay attention to the statutory details because any government lawyer will be seeking to have…
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The Washington State Executive Ethics Board Appeal Process
The Washington State Executive Ethics Board enforces the Ethics in Public Service Act, found in chapter 42.52 of the Revised Code of Washington (RCW). The Board is made up of five Board members appointed by the Governor, currently consisting of an exempt state employee, a classified state employee, a state auditor nominee, an attorney general office nominee and a citizen at large. In addition,…
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Severance Agreements: the good, the bad, the exceptions.
Severance Agreements: the good, the bad, the exceptions. My latest blog post.
A frequent question I get, from both employees and employers, surrounds severance agreements. This article talks about the purpose of these agreements and the benefits and drawbacks from both the employer’s and employee’s perspective.
First, it is important to remember that a severance agreement is a contract that requires all the basic elements to form a contract. In order to have a valid…
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The Art Of The Deal
With Donald Trump making headlines recently, it reminded me of the title of one of his books: The Art of the Deal. And while this book is about Mr. Trump’s day-to-day deal making, the title, and this picture, reminds me of the settlement negotiations that take place in litigation. There is an art to it. And there needs to be. Often times, these settlement talks culminate years or months of…
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Best practices for terminating an employee.
If you are an employer, a great thing in the state of Washington is the at-will doctrine. Essentially, you can fire an employee for any reason or no reason at all. And while this sounds wonderful, there are of course exceptions to this policy and the threat of litigation that is ever-present. Blind-obedience to the at-will doctrine could lead the unwary to claims of wrongful termination or, if…
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Remedies for State Employer Syndrome
Let me start off my saying that I used to work for the state as an assistant attorney general and from this experience, I know that the great majority of people working for the state are good hard-working people.  I also know from my experience that there are plenty of bad employees. Working and living in Olympia, you get your fair share of stories involving bad employees, who have what a…
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What is Administrative Law
Whenever I tell people that I practice administrative law, the most frequent question I get is: What is administrative law?
When I tell someone that I practice administrative law, the most frequent question I get in response is: what is administrative law? Simply put, if the government takes action against you or your business, the legal process to defend yourself or your business against such an action is called administrative law. Various administrative agencies created by the legislature are given the authority to…
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Progressive Discipline and the Eroding of the At-Will Doctrine
Progressive Discipline and the Eroding of the At-Will Doctrine
At-will employment is something that is almost too good to be true from the employer’s perspective. The at-will doctrine essentially says that you can be fired or quit for any reason on no reason. Are there exceptions to this doctrine? Yes. For example, you can’t discriminate against a protected class and can’t breach the terms of a contract. But, assuming that there are no applicable…
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Abercrombie and Fitch Update: Religious Discrimination
Supreme Court weighs in on Religious Discrimination case.
I’ve written previouslyabout a case that the Supreme Court has now weighed in on. The case involved an Abercrombie and Fitch store, where the store had refused to hire someone because an interviewee, Samantha Elauf, wore a hijab, or religious headscarf to an interview. This headscarf violated Abercrombie’s dress code policy, which prohibited the wearing of “caps”.  However, even though Elauf…
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How Old Did You Say You Were?
Ever wonder what inquiries were fair or unfair. This blog post explores categories that employers should avoid when hiring.
Employers must be careful when making inquiries of applicants during the interview process. The Washington State Human Rights Commission has published a Pre-Employment Inquiry Guide in the Washington Administrative Code (“WAC”), found at WAC 162-12-140, which discusses pre-employment inquiries that may discriminate against an applicant.
Employers must be careful not to inquire about an…
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Title VII of the Civil Rights Act makes it unlawful for an employer to print or publish any notice or advertisement relating to employment with that employer that indicates any preference, limita...
Must police officers be 5'9" or taller?