Remedies Archives — LAW OFFICE OF GREGORY A. WILLIAMS

April 18, 2024

How can an employment-law attorney help me?

IMPORTANT: All hyperlinks in this article with an asterisk (*) will take the reader away from this website to either our Williams Law Group Blog* or an official governmental website. This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. Please review our Disclaimer|Terms of Use|Privacy Policy before proceeding.

Advertisement

HOW CAN AN EMPLOYMENT-LAW ATTORNEY HELP ME?

answer:

In today’s workforce, instances of workplace discrimination continue to cast shadows over the professional lives of numerous employees. Discrimination, spanning various factors such as age, citizenship or immigration status, creed/religion, disability, gender, national origin, opposition to a discriminatory practice, race, and sexual orientation, presents a formidable challenge to workplace equality. For individuals grappling with discrimination in their professional environments, seeking legal counsel emerges as a pivotal recourse. Here’s why consulting with an attorney holds paramount importance for employees encountering discrimination in the workplace:

1. Understanding Legal Rights

When faced with workplace discrimination, comprehending one’s legal rights becomes imperative. Employment laws exhibit nuances and intricacies, often varying from state to state. Consulting with an employment law attorney facilitates a comprehensive understanding of applicable legal frameworks, such as the Washington Law Against Discrimination*, Title VII of the Civil Rights Act, the Americans with Disabilities Act (ADA), or the Age Discrimination in Employment Act (ADEA).

2. Guidance Through the Process

The journey of initiating a discrimination claim can prove arduous, particularly for individuals unversed in legal proceedings. An attorney proficient in employment law extends invaluable guidance and support across every phase of the process. This encompasses assistance in evidence collection, completion of necessary paperwork, and adept representation during negotiations or court proceedings. Through their expertise, attorneys ensure the protection of clients’ rights and enhance the prospects of securing a favorable outcome.

3. Preservation of Evidence

Evidentiary support serves as the backbone of discrimination claims, pivotal in substantiating allegations. However, the task of gathering and preserving evidence presents challenges, particularly for employees still employed by the discriminating entity. Attorneys adept in employment law offer strategic counsel on evidence collection, encompassing documentation such as emails, performance evaluations, and witness statements. Moreover, they safeguard against potential retaliatory actions from the employer, crucial in bolstering the strength of the case.

4. Advocacy and Negotiation

Many discrimination cases witness resolution through negotiation or mediation, circumventing the need for protracted litigation. Here, the role of an attorney as an advocate assumes significance, advocating for clients’ interests and facilitating constructive dialogue with the opposing party. By elucidating available options and potential outcomes, attorneys empower clients to make informed decisions conducive to their objectives.

5. Pursuit of Compensation

Employees subjected to workplace discrimination may be entitled to compensation for various damages incurred, ranging from lost wages to emotional distress. Attorneys proficient in employment law conduct a thorough evaluation of clients’ claims, considering factors such as the severity of discrimination and its impact on professional trajectories. Subsequently, they navigate the legal terrain to secure rightful compensation through formal channels.

6. Holding Employers Accountable

Beyond seeking redress for individual grievances, pursuing legal action against discriminatory practices holds broader implications. By holding employers accountable for their actions, employees contribute to the collective endeavor of fostering equitable and inclusive work environments. Such actions serve as deterrents against future instances of discrimination, fostering a culture of accountability and respect within organizations.

CONCLUSION

In essence, the decision to seek legal counsel holds profound significance for employees grappling with workplace discrimination. Attorneys practicing employment law serve as steadfast allies, offering guidance, advocacy, and strategic representation. By harnessing legal avenues, employees not only assert their rights but also propel the ongoing fight for workplace equality and justice.

NEED HELP?

If you need legal assistance, consider contacting an experienced attorney to discuss your case. This article is not offered as legal advice and will not establish an attorney-client relationship with Law Office of Gregory A. Williams, or the author of this article; please refer to our Disclaimer | Terms of Use | Privacy Policy for more information.

February 22, 2024

Are Compensatory Damages Available Under the WLAD?

IMPORTANT: This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. Please review our Disclaimer|Terms of Use|Privacy Policy before proceeding.

Advertisement

Are Compensatory Damages Available Under the WLAD?

answer:

Actual damages are available under the WLAD pursuant to RCW 49.60.030(2) and are synonymous with compensatory damages; thus, compensatory damages are available under the WLAD.

The Washington Law Against Discrimination (WLAD)

The WLAD is a potent statute enacted in 1949, and it covers a broad array of categories, including the following:

Freedom from discrimination—Declaration of civil rights.

(1) The right to be free from discrimination because of race, creed, color, national origin, citizenship or immigration status, sex, honorably discharged veteran or military status, sexual orientation, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability is recognized as and declared to be a civil right. This right shall include, but not be limited to:

(a) The right to obtain and hold employment without discrimination;

(b) The right to the full enjoyment of any of the accommodations, advantages, facilities, or privileges of any place of public resort, accommodation, assemblage, or amusement;

(c) The right to engage in real estate transactions without discrimination, including discrimination against families with children;

(d) The right to engage in credit transactions without discrimination;

(e) The right to engage in insurance transactions or transactions with health maintenance organizations without discrimination: PROVIDED, That a practice which is not unlawful under RCW 48.30.300, 48.44.220, or 48.46.370 does not constitute an unfair practice for the purposes of this subparagraph;

(f) The right to engage in commerce free from any discriminatory boycotts or blacklists … ; and

(g) The right of a mother to breastfeed her child in any place of public resort, accommodation, assemblage, or amusement.

RCW 49.60.030(1) (emphasis, paragraph formatting, and hyperlinks added). The WLAD offers a wide array of remedies for violations, including but not limited to compensation for actual damages.

WLAD Remedies

“[T]he [Washington] law against discrimination … expressly provides [remedies, as follows]:

Any person deeming himself or herself injured by any act in violation of this chapter shall have a civil action in a court of competent jurisdiction to enjoin further violations, or to recover the actual damages sustained by the person, or both, together with the cost of suit including reasonable attorneys’ fees or any other appropriate remedy authorized by this chapter or the United States Civil Rights Act of 1964….”

Martini v. The Boeing Company, 137 Wn.2d 357, 366-67 (Wash. 1999) (citing RCW 49.60.030(2)) (emphasis added). NOTE: RCW 49.60.030(2) “unambiguously states that when any violation of the statute occurs, the person injured shall have a claim for ‘actual damages.'” Martini, 137 Wn.2d at 367.

Actual Damages

“‘Actual damages’ is a [t]erm used to denote the type of damage award as well as the nature of injury for which recovery is allowed; thus, actual damages flowing from injury in fact are to be distinguished from damages which are nominal, exemplary or punitive**.” Id. (citing Rasor v. Retail Credit Co., 87 Wash.2d 516, 554 P.2d 1041, 1049).

“‘Actual damages’ are synonymous with compensatory damages.” Id. (citing Black’s Law Dictionary 35 (6th ed.1990)) (emphasis added). “As the dictionary definition notes, Washington courts have interpreted the term ‘actual damages’ in this manner.” Id. at 367-68 (internal citations omitted).

—–

**NOTE: This link will take you to our Williams Law Group Blog, an external website.

Compensatory Damages

“Compensatory damages are “[d]amages sufficient in amount to indemnify the injured person for the loss suffered — Often shortened to compensatories.” Black’s Law Dictionary 416 (Deluxe Eighth Edition 2004) (emphasis added). “Indemnify” means “[to] reimburse (another) for a loss suffered because of a third party’s or one’s own act or default.” Id. at 783-84.

Conclusion

Actual damages are available under the WLAD pursuant to RCW 49.60.030(2) and are synonymous with compensatory damages; thus, compensatory damages are available under the WLAD.

READ OUR RELATED ARTICLES

We invite you to read more of our articles related to this topic:

» Employment Law 101: Remedies

» Punitive Damages Are Unavailable Under WLAD**

» Significant Differences Between Title VII & WLAD Backpay Provisions**

» WLAD Magic: Front & Back Pay Without Proving Unlawful Discharge**

—–

**NOTE: This link will take you to our Williams Law Group Blog, an external website.

NEED HELP?

January 25, 2024

Employment Law 101: Protected Classes

Under Washington State laws, what are “protected classes” within the context of employment discrimination? Here’s my point of view.

(IMPORTANT: This article is for informational purposes only and is based upon my point of view. Due to the rapidly changing nature of the law, we make no warranty or guarantee concerning the accuracy or reliability of the content in this article. No content on this site, regardless of date, should ever be used as a substitute for direct legal advice from your attorney. Please review our Disclaimer | Terms of Use | Privacy Policy before proceeding.)

Advertisement

INTRODUCTION: PROTECTED CLASSES (WA STATE)

Washington State has comprehensive employment-discrimination laws to shield workers from unjust treatment rooted in specific attributes. An integral facet of these legal provisions is the acknowledgment of “protected classes.” This article will enumerate the protected classes within the employment-rights framework of the Washington Law Against Discrimination*.

_____

* NOTE: This link will take the reader to our Williams Law Group Blog, an external website.

I. The Washington Law Against Discrimination: EMPLOYMENT

The Washington Law Against Discrimination (“WLAD“)* is a potent statute enacted in 1949, and it covers a broad array of categories including, but not limited to employment, as follows:

Freedom from discrimination—Declaration of civil rights.

(a) The right to obtain and hold employment without discrimination;

…

RCW 49.60.030(1)(a) (emphasis, paragraph formatting, and hyperlinks added). The WLAD protects, inter alia, employees from the unfair practices of employers.

_____

* NOTE: This link will take the reader to our Williams Law Group Blog, an external website.

II. Unfair Practices of Employers: generally

Under the WLAD, certain employers are prohibited from engaging in specific unfair practices in employment. The relevant law states as follows:

It is an unfair practice for any employer:

[Refuse To Hire]

(1) To refuse to hire any person because of age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, unless based upon a bona fide occupational qualification: PROVIDED, That the prohibition against discrimination because of such disability shall not apply if the particular disability prevents the proper performance of the particular worker involved: PROVIDED, That this section shall not be construed to require an employer to establish employment goals or quotas based on sexual orientation.

[Discharge or Bar From Employment]

(2) To discharge or bar any person from employment because of age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability.

[Discriminate in Compensation or in Other Terms/Conditions of Employment]

(3) To discriminate against any person in compensation or in other terms or conditions of employment because of age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability: PROVIDED, That it shall not be an unfair practice for an employer to segregate washrooms or locker facilities on the basis of sex, or to base other terms and conditions of employment on the sex of employees where the commission by regulation or ruling in a particular instance has found the employment practice to be appropriate for the practical realization of equality of opportunity between the sexes.

[Statements, Advertisements, Publications, Applications for Employment, Inquiries in Connection With Prospective Employment]

(4) To print, or circulate, or cause to be printed or circulated any statement, advertisement, or publication, or to use any form of application for employment, or to make any inquiry in connection with prospective employment, which expresses any limitation, specification, or discrimination as to age, sex, marital status, sexual orientation, race, creed, color, national origin, citizenship or immigration status, honorably discharged veteran or military status, or the presence of any sensory, mental, or physical disability or the use of a trained dog guide or service animal by a person with a disability, or any intent to make any such limitation, specification, or discrimination, unless based upon a bona fide occupational qualification: PROVIDED, Nothing contained herein shall prohibit advertising in a foreign language.

RCW 49.60.180 (emphasis and hyperlinks added).

III. unfair practices of employers: filing or participating in a disrimination complaint (UNLAWFUL RETALIATION)

The WLAD also outlaws certain types of retaliation: “[i]t is an unfair practice for any employer, employment agency, labor union, or other person to discharge, expel, or otherwise discriminate against any person because he or she has opposed any practices forbidden by … [the Washington Law Against Discrimination], or because he or she has filed a charge, testified, or assisted in any proceeding under … [the Washington Law Against Discrimination].” RCW 49.60.210. Moreover, “[i]t is an unfair practice for a government agency or government manager or supervisor to retaliate against a whistleblower as defined in chapter 42.40 RCW.” RCW 49.60.210.

NOTE: The foregoing unfair practices are based upon specific protected classes.

IV. Defining Protected Classes

Protected classes encompass groups of individuals shielded from discrimination under governmental statutes. Washington State explicitly delineates these classes under the WLAD, recognizing various categories within, inter alia, the realm of employment, including the following:

→ Age (40+)
→ Citizenship/Immigration Status
→ Creed;
→ Filing or Participating in an Employment Discrimination Complaint
→ HIV or Hepatitis C Status;
→ Honorably Discharged Veteran or Military Status;
→ Marital Status;
→ National Origin;
→ Presence of any sensory, mental, or physical Actual Disability or Perceived Disability;
→ Race / Color;
→ Sex (including pregnancy);
→ Sexual Orientation, including Gender Identity;
→ State-Employee or Health-Care Whistleblower Status*;
→ Use of a Trained Dog Guide or Service Animal.

_____

* NOTE: This link will take the reader to our Williams Law Group Blog, an external website.

v. WLAD remedies

Victims of discrimination in violation of the WLAD may seek generous remedies. “Any person deeming himself or herself injured by any act in violation of … [the Washington Law Against Discrimination] shall have a civil action in a court of competent jurisdiction to enjoin further violations, or to recover the actual damages sustained by the person, or both, together with the cost of suit including reasonable attorneys’ fees or any other appropriate remedy authorized by this chapter or the United States Civil Rights Act of 1964 as amended, or the Federal Fair Housing Amendments Act of 1988 (42 U.S.C. Sec. 3601 et seq.).” RCW 49.60.030(2).

Conclusion

In conclusion, the exploration of protected classes within Washington State’s employment discrimination laws highlights the state’s commitment to fostering a workplace environment rooted in equality and fairness. The Washington Law Against Discrimination (WLAD), a robust statute enacted in 1949, serves as a powerful safeguard against unjust treatment based on specific attributes.

In essence, the WLAD stands as a cornerstone in Washington State’s pursuit of equal opportunities, reinforcing the principles of fairness, justice, and non-discrimination in employment. As we navigate the complexities of the modern workplace, understanding and upholding the rights of protected classes are crucial steps towards creating a truly inclusive and equitable work environment in the Evergreen State.

READ OUR RELATED ARTICLES

We invite you to read more of our articles related to this topic:

» Employment Law 101: Legal Theory

LEARN MORE

If you would like to learn more, then consider contacting an experienced attorney to discuss your case. This article is not offered as legal advice and will not establish an attorney-client relationship with Law Office of Gregory A. Williams or the author of this article; please refer to our Disclaimer | Terms of Use | Privacy Policy for more information.

–gw

December 14, 2023December 14, 2023

Employment Law 101: Alternative Dispute Resolution

Under Washington State laws, what does the term “alternative dispute resolution” mean within the context of civil legal proceedings? Here’s my point of view.

Advertisement

Introduction: Alternative Dispute Resolution (ADR)

Alternative Dispute Resolution plays an important role in Washington State civil law, offering an innovative approach to conflict resolution outside the confines of traditional courtrooms. In this article, I will explore the meaning and importance of Washington State ADR, examining various methodologies and the crucial role it plays in facilitating efficient and harmonious resolutions to civil disputes.

Defining Alternative Dispute Resolution

Alternative Dispute Resolution refers to a range of processes designed to resolve legal conflicts without resorting to formal litigation. In Washington State, ADR encompasses methods such as mediation, arbitration, conciliation, and negotiation. These processes provide disputing parties with alternatives to the adversarial nature of traditional courtroom proceedings, promoting a collaborative and solution-oriented approach to conflict resolution.

Key ADR Methods in Washington State

Mediation:

Mediation employs a neutral third party, the mediator, to facilitate communication between disputing parties and guide them toward a mutually acceptable resolution.

Arbitration:

Arbitration involves presenting evidence and arguments to a neutral arbitrator, who then renders a binding decision.

Conciliation:

Conciliation engages a conciliator who assists parties in reaching a settlement by identifying common ground and fostering compromise. This method is commonly employed in Washington State for employment disputes, contractual disagreements, and interpersonal conflicts; the Washington State Human Rights Commission incorporates this process in its investigation of employment-discrimination complaints.

Significance of ADR in Washington State Civil Law

Efficiency and Timeliness:

ADR processes are recognized for their efficiency and timeliness, enabling parties to resolve disputes more expeditiously than through traditional litigation.

Cost-Effectiveness:

ADR can be a more cost-effective alternative to court proceedings, saving parties both time and financial resources.

Preserving Relationships:

Emphasizing collaboration and communication, ADR is particularly beneficial in preserving relationships strained by adversarial litigation.

Tailored Solutions:

ADR allows parties to craft customized solutions that better suit their unique circumstances, fostering a sense of ownership and satisfaction with the resolution.

Conclusion

In Washington State, the adoption of Alternative Dispute Resolution reflects a commitment to creating a legal environment that prioritizes efficiency, cost-effectiveness, and collaboration. As ADR continues to evolve and gain prominence, it underscores the state’s dedication to providing its citizens with diverse and effective means of resolving civil disputes outside the traditional courtroom setting.

Read Our Related Articles

We invite you to read more of our articles related to this topic:

» Employment Law 101: Definition of Pleading

» Employment Law 101: Depositions

» Employment Law 101: Discovery (WA State)

» Employment Law 101: Legal Theory

» Employment Law 101: Mediation

» Employment Law 101: Motions

» Employment Law 101: Remedies

» Employment Law 101: Statute of Limitations

» Employment Law 101: Summary Judgment (WA State)

» Employment Law 101: The Complaint

» Employment Law 101: The Defendant

» Employment Law 101: The Plaintiff

» Employment Law 101: The Summons

LEARN MORE

–gw

December 7, 2023December 14, 2023

Employment Law 101: Mediation

Under Washington State laws, what is “mediation” within the context of civil legal proceedings? Here’s my point of view.

Advertisement

Introduction: Mediation

In the context of civil legal proceedings, resolving disputes can be a complex and time-consuming endeavor. Traditional litigation often involves adversarial processes that may strain relationships and escalate conflicts. Mediation, however, offers an alternative approach that focuses on collaboration and resolution rather than confrontation. In this article, we will explore what mediation is within the context of legal proceedings, its principles, and how it can be a valuable tool for achieving mutually acceptable outcomes.

What is Mediation?

Mediation serves as a type of alternative dispute resolution (ADR), employing a neutral third party, referred to as the mediator, to facilitate communication and negotiation among conflicting parties. In contrast to the role of a judge or arbitrator, who makes binding decisions, a mediator aids disputing parties in achieving a voluntary agreement. The mediator typically refrains from advocating for a specific outcome but instead guides the process, emphasizing fairness and equity in the pursuit of resolution.

Key Principles of Mediation

1. Voluntary Participation:

Mediation is a voluntary process, and all parties must agree to participate. This voluntary aspect empowers participants and fosters a sense of ownership over the resolution.

2. Confidentiality:

Confidentiality is a cornerstone of mediation. Parties can openly discuss their concerns, share information, and explore potential solutions without fear that their statements will be used against them in future legal proceedings.

3. Impartiality:

The mediator remains neutral and impartial throughout the process. They do not take sides or express personal opinions, ensuring that the focus remains on the needs and interests of the parties involved.

4. Informality:

Mediation is typically less formal than courtroom proceedings. This informality encourages open communication and allows for creative problem-solving, unencumbered by rigid legal procedures.

5. Mutual Agreement:

The goal of mediation is to reach a mutually acceptable agreement. This emphasis on collaboration distinguishes mediation from adversarial processes, promoting a sense of fairness and cooperation.

How Mediation Works

1. Opening Statements:

The mediator begins by explaining the process and setting ground rules. Typically, each party then has an opportunity to make an opening statement, outlining their perspective on the dispute. NOTE: Prior to the mediation date, the mediator might prompt the parties to each provide a written position statement–that conforms to the mediator’s requirements–for use at mediation.

2. Joint and Private Sessions:

The mediator may conduct joint sessions where both parties are present, as well as private sessions with each party individually. This allows for open communication and confidential discussions.

3. Identifying Issues and Interests:

Through guided discussions, the mediator helps the parties identify the underlying issues and interests driving the conflict. Understanding these factors is crucial for finding common ground.

4. Generating Options:

The parties, with the mediator’s assistance, explore various options for resolution. This phase encourages creativity and flexibility in finding solutions that meet the needs of all involved.

5. Reaching Agreement:

Once the parties agree on a resolution, the terms are formalized into a written agreement. This agreement is not legally binding until both parties voluntarily sign it.

Benefits of Mediation

1. Time and Cost Efficiency:

Mediation often concludes more swiftly and at a lower cost than traditional litigation, making it an attractive option for resolving disputes efficiently.

2. Preservation of Relationships:

Unlike adversarial processes that can strain relationships, mediation fosters communication and collaboration, preserving or even improving relationships between parties.

3. Empowerment and Control:

Participants have greater control over the outcome in mediation, as they actively participate in crafting the resolution, leading to a more satisfying and sustainable agreement.

4. Confidentiality and Privacy:

The confidential nature of mediation provides a safe space for parties to openly discuss their concerns without fear of public disclosure.

Conclusion

Mediation is a valuable alternative within civil legal proceedings, offering a collaborative and flexible approach to dispute resolution. By embracing principles of voluntariness, confidentiality, and impartiality, mediation empowers parties to actively engage in finding solutions tailored to their unique needs. At a time where efficiency, cost-effectiveness, and relationship preservation are paramount, mediation can be a compelling option for those seeking to resolve legal conflicts with fairness and dignity.

Read Our Related Articles

We invite you to read more of our articles related to this topic:

» Employment Law 101: Alternative Dispute Resolution

» Employment Law 101: Definition of Pleading

» Employment Law 101: Depositions

» Employment Law 101: Discovery (WA State)

» Employment Law 101: Legal Theory

» Employment Law 101: Motions

» Employment Law 101: Remedies

» Employment Law 101: Statute of Limitations

» Employment Law 101: Summary Judgment (WA State)

» Employment Law 101: The Complaint

» Employment Law 101: The Defendant

» Employment Law 101: The Plaintiff

» Employment Law 101: The Summons

LEARN MORE

–gw

November 2, 2023December 14, 2023

Employment Law 101: Remedies

Under the Washington Law Against Discrimination, what remedies are available when pursing claims of employment discrimination? Here’s my point of view.

Advertisement

The Washington Law Against Discrimination (WLAD)

The WLAD is a potent statute enacted in 1949, and it covers a broad array of categories, including the following:

Freedom from discrimination—Declaration of civil rights.

(a) The right to obtain and hold employment without discrimination;

(b) The right to the full enjoyment of any of the accommodations, advantages, facilities, or privileges of any place of public resort, accommodation, assemblage, or amusement;

(c) The right to engage in real estate transactions without discrimination, including discrimination against families with children;

(d) The right to engage in credit transactions without discrimination;

(f) The right to engage in commerce free from any discriminatory boycotts or blacklists … ; and

(g) The right of a mother to breastfeed her child in any place of public resort, accommodation, assemblage, or amusement.

RCW 49.60.030(1) (emphasis, paragraph formatting, and hyperlinks added). The WLAD protects, inter alia, employees from the unfair practices of employers.

Unfair Practices of Employers

Under the WLAD, certain employers are prohibited from engaging in specific unfair practices in employment. The relevant law states as follows:

It is an unfair practice for any employer:

[REFUSE TO HIRE]

[dISCHARGE OR BAR FROM EMPLOYMENT]

[DISCRIMINATE IN COMPENSATION OR IN OTHER TERMS/CONDITIONS OF EMPLOYMENT]

[STATEMENTS, ADVERTISEMENTS, PUBLICATIONS, APPLICATIONS FOR EMPLOYMENT, INQUIRIES IN CONNECTION WITH PROSPECTIVE EMPLOYMENT]

RCW 49.60.180 (emphasis and hyperlinks added). NOTE: The foregoing unfair practices are based upon specific protected classes.

Unlawful Retaliation

WLAD Remedies

The WLAD is a powerful anti-discrimination law, and the scope of available remedies is equal in magnitude. The relevant section, RCW 49.60.030(2), states as follows:

Any person deeming himself or herself injured by any act in violation of this chapter shall have a civil action in a court of competent jurisdiction to enjoin further violations, or to recover the actual damages sustained by the person, or both, together with the cost of suit including reasonable attorneys’ fees or any other appropriate remedy authorized by this chapter or the United States Civil Rights Act of 1964 as amended, or the Federal Fair Housing Amendments Act of 1988 (42 U.S.C. Sec. 3601 et seq.).

RCW 49.60.030(2). The WLAD is clearly a broad remedial statute. See Fraternal Order of Eagles, Tenino Aerie No. 564 v. Grand Aerie of Fraternal Order of Eagles, 148 Wn.2d 224, 237, 59 P.3d 655, (2002) (hyperlink added).

Remedy Examples (Nonexclusive)

Accordingly, Washington courts allow a variety of remedies to enable Plaintiffs to be made whole. Such relief may include, but is not limited to any one or more of the following:

1. Enjoin further violations (e.g., Injunctive Relief, including, but not limited to, Reinstatement)

2. Recover the actual damages (e.g., Back Pay, Front Pay, Emotional Distress, Costs, Attorney Fees, etc.)

3. Any other appropriate remedy authorized by WLAD, the US Civil Rights Act of 1964, or the Federal Fair Housing Amendments Act of 1988 (e.g., Mental Anguish, Inconvenience, Loss of Enjoyment of Life, Medical Expenses, Tax Set-Off, Expert Witness Fees, etc.)

See RCW 49.60.030(2).

Punitive Damages

However, punitive damages are not available under the WLAD. See Chuong Van Pham v. City of Seattle, Seattle City Light, 159 Wn.2d 527, 151 P.3d 976, (2007) (citing Dailey v. North Coast Life Insurance Company, 129 Wash.2d 572, 575, 919 P.2d 589 (1996)). Read more about punitive damages under the WLAD by viewing our article: Punitive Damages Are Unavailable Under WLAD (NOTE: the link will take the reader to our Williams Law Group Blog, an external website).

Read Our Related Articles

We invite you to read more of our articles related to this topic:

» Employment Law 101: Alternative Dispute Resolution

» Employment Law 101: Definition of Pleading

» Employment Law 101: Depositions

» Employment Law 101: Discovery (WA State)

» Employment Law 101: Legal Theory

» Employment Law 101: Mediation

» Employment Law 101: Motions

» Employment Law 101: Statute of Limitations

» Employment Law 101: Summary Judgment (WA State)

» Employment Law 101: The Complaint

» Employment Law 101: The Defendant

» Employment Law 101: The Plaintiff

» Employment Law 101: The Summons

LEARN MORE

–gw

March 30, 2023

The After-Acquired Evidence Doctrine

Under Washington State law, what is the “after-acquired evidence doctrine” (hereinafter, “after-acquired evidence doctrine” or “Doctrine”) when applied to employment-discrimination law cases? Here’s my point of view.

Advertisement

THE AFTER-ACQUIRED EVIDENCE DOCTRINE

In my plaintiff’s-side, employment-discrimination law practice, clients must occasionally address the after-acquired evidence doctrine. “The ‘after-acquired evidence’ doctrine precludes or limits an employee from receiving remedies for wrongful discharge if the employer later ‘discovers’ evidence of wrongdoing that would have led to the employee‘s termination had the employer known of the misconduct.” Lodis v. Corbis Holdings, Inc., 192 Wash.App. 30, 60, 366 P.3d 1246 (Wash. app. 2015), review denied, 185 Wash.2d 1038, 377 P.3d 744(Table) (Wash. 2016) (citing Rivera v. NIBCO, Inc., 364 F.3d 1057, 1070-71 (9th Cir. 2004) (quoting McKennon v. Nashville Banner Publ’g Co., 513 U.S. 352, 360-63, 115 S.Ct. 879, 130 L.Ed.2d 852 (1995)) (internal quotation marks omitted).

Under the Doctrine, “[a]n employer can avoid back pay and other remedies by coming forward with after-acquired evidence of an employee‘s misconduct, but only if it can prove by a preponderance of the evidence that the wrongdoing was of such severity that the employee in fact would have been terminated on those grounds alone if the employer had known of it at the time of the discharge.” Id. (citing McKennon, 513 U.S. at 362-63) (emphasis added); accord Janson v. N. Valley Hosp., 93 Wn.App. 892, 971 P.2d 67 (1999) (“adopting after-acquired evidence defense as articulated in McKennon“)).

CONCLUSION

If an employer discovers misconduct by a plaintiff-employee, then the after-acquired evidence doctrine can reduce that plaintiff’s lost-wage damages. Specifically, “An employer can reduce back pay damages and preclude front pay damages by demonstrating it would have terminated the employee if it had known of the employee’s misconduct at the time.” 6A Wash. Prac., Wash. Pattern Jury Instr. Civ. WPI 330.00 (7th ed.) (citing Lodis v. Corbis Holdings, Inc., 192 Wn.App. 30, 60, 366 P.3d 1246 (2015)).

LEARN MORE

If you would like to learn more, then consider contacting an experienced attorney to discuss your case. This article is not offered as legal advice and will not establish an attorney-client relationship with Law Office of Gregory A. Williams, or the author of this article; please refer to our Disclaimer | Terms of Use | Privacy Policy for more information.

January 5, 2023November 7, 2023

The Retainer Fee (WA State)

Under Washington State laws, what is a retainer fee? Here’s my point of view.

Advertisement

WASHINGTON STATE COURT RULES: RULES OF PROFESSIONAL CONDUCT

The Washington State Rules of Professional Conduct (RPC) guide attorneys in their practice of law by, inter alia, regulating their professional conduct. According to the RPC — Fundamental Principles of Professional Conduct:

…

The Rules of Professional Conduct point the way to the aspiring lawyer and provide standards by which to judge the transgressor. Each lawyer must find within his or her own conscience the touchstone against which to test the extent to which his or her actions should rise above minimum standards. But in the last analysis it is the desire for the respect and confidence of the members of the legal profession and the society which the lawyer serves that should provide to a lawyer the incentive for the highest possible degree of ethical conduct. The possible loss of that respect and confidence is the ultimate sanction. So long as its practitioners are guided by these principles, the law will continue to be a noble profession. This is its greatness and its strength, which permit of no compromise.

RPC, Fundamental Principles of Professional Conduct. One of the primary topics under the RPC is “Fees,” and one common type of fee is the retainer fee.

RPC 1.5: THE RETAINER FEE

The retainer fee “is a fee that a client pays to a lawyer to be available to the client during a specified period or on a specified matter, in addition to and apart from any compensation for legal services performed.” RPC 1.5. Importantly, a retainer fee:

• must be agreed to in writing.

• must be signed by the client.

• is the lawyer’s property as soon as it is received and is not to be put into the lawyer’s trust account, unless otherwise agreed.

See id. This fee structure is sometimes referred to as an “availability retainer,” “engagement retainer,” “true retainer,” “general retainer,” or “classic retainer.” See id. (Washington Comment 13).

RETAINER FEE SECURES AVAILABILITY ALONE

As mentioned above, retainer fees in Washington State are also known as “availability retainers.” That’s because “[a] retainer secures availability alone, i.e., it presumes that the lawyer is to be additionally compensated for any actual work performed.” Id. (Washington Comment 13). Thus, “a payment purportedly made to secure a lawyer’s availability, but that will be applied to the client’s account as the lawyer renders services, is not a retainer under … [RPC 1.5](f)(1).” Id. (Washington Comment 13).

GOOD PRACTICES

For those drafting retainers, “[a] written retainer agreement should clearly specify the time period or purpose of the lawyer’s availability, that the client will be separately charged for any services provided, and that the lawyer will treat the payment as the lawyer’s property immediately on receipt and will not deposit the fee into a trust account.” Id. (Washington Comment 13).

CONCLUSION

A retainer fee “is a fee that a client pays to a lawyer to be available to the client during a specified period or on a specified matter, in addition to and apart from any compensation for legal services performed.” Id.

We invite you to read more of our articles related to this topic:

» The Contingency Fee (WA State)

LEARN MORE

-gw

December 29, 2022January 5, 2023

The Contingency Fee (WA State)

Under Washington State laws, what is an attorney’s contingency fee? Here’s my point of view.

Advertisement

WASHINGTON STATE COURT RULES: RULES OF PROFESSIONAL CONDUCT

The Washington State Rules of Professional Conduct (RPC) guide attorneys in their practice of law by, inter alia, regulating their ethical conduct. According to the RPC — Fundamental Principles of Professional Conduct:

…

RPC, Fundamental Principles of Professional Conduct. One of the primary topics under the RPC is “Fees,” and one common type of fee is the contingency fee.

RPC 1.5: THE CONTINGENCY FEE

The contingency fee is regulated by RPC 1.5. Accordingly, an attorney’s fee “may be contingent on the outcome of a matter for which the service is rendered.” See id. The relevant portions of that RPC describe the contingency fee in detail, as follows:

…

(c) A fee may be contingent on the outcome of the matter for which the service is rendered, except in a matter in which a contingent fee is prohibited by paragraph (d) or other law. If a fee is contingent on the outcome of a matter, a lawyer shall comply with the following

(1) A contingent fee agreement shall be in a writing signed by the client;

(2) A contingent fee agreement shall state the method by which the fee is to be determined, including the percentage or percentages that shall accrue to the lawyer in the event of settlement, trial or appeal; litigation and other expenses to be deducted from the recovery; and whether such expenses are to be deducted before or after the contingent fee is calculated. The agreement must clearly notify the client of any expenses for which the client will be liable, whether or not the client is the prevailing party;

(3) upon conclusion of a contingent fee matter, the lawyer shall provide the client with a written statement stating the outcome of the matter and, if there is a recovery, showing the remittance to the client and the method of its determination; and

(4) a contingent fee consisting of a percentage of the monetary amount recovered for a claimant, in which all or part of the recovery is to be paid in the future, shall be paid only

(i) by applying the percentage to the amounts recovered as they are received by the client; or

(ii) by applying the percentage to the actual cost of the settlement or award to the defendant.

RPC 1.5(c).

CONTINGENCY FEE LIMITATIONS

The contingency fee has limitations. One limitation prohibits lawyers in Washington from entering into contingency fee agreements for domestic relations and criminal defense cases under certain circumstances. The relevant rule follows:

…

(d) A lawyer shall not enter into an arrangement for, charge, or collect:

(1) any fee in a domestic relations matter, the payment or amount of which is contingent upon the securing of a dissolution or annulment of marriage or upon the amount of maintenance or support, or property settlement in lieu thereof; or

(2) a contingent fee for representing a defendant in a criminal case.

RPC 1.5(d)

CONCLUSION

Under RPC 1.5 (Fees), an attorney may charge a contingency fee: meaning, one that is “contingent on the outcome of a matter for which the service is rendered.” See RPC 1.5. However, an attorney may not charge a contingency fee for domestic relations and criminal defense cases under certain circumstances.

We invite you to read more of our articles related to this topic:

» The Retainer Fee (WA State)

LEARN MORE

-gw

June 23, 2022June 23, 2022

Unpaid Contract Wages (WA State)

Under Washington State labor regulations, what are employee remedies for unpaid contract wages? Here’s my point of view.

Advertisement

UNPAID CONTRACT WAGES — BLACK LETTER LAW

The applicable law is found under both RCW 49.52.050 and .070 — Rebates of Wages and Civil Liability for Double Damages, respectively. The relevant portions of RCW 49.52.050 state as follows:

[RCW 49.52.050 – Rebates of wages–False records–Penalty.]

Any employer or officer, vice principal or agent of any employer, whether said employer be in private business or an elected public official, who

(1) Shall collect or receive from any employee a rebate of any part of wages theretofore paid by such employer to such employee; or

(2) Willfully and with intent to deprive the employee of any part of his or her wages, shall pay any employee a lower wage than the wage such employer is obligated to pay such employee by any statute, ordinance, or contract[ ] …

…

Shall be guilty of a misdemeanor.

Id. (emphasis and paragraph formatting added). The relevant portions of RCW 49.52.070 state as follows:

[RCW 49.52.070 – Civil liability for double damages.]

Any employer and any officer, vice principal or agent of any employer who shall violate any of the provisions of RCW 49.52.050(1) and (2) shall be liable in a civil action by the aggrieved employee or his or her assignee to judgment for twice the amount of the wages unlawfully rebated or withheld by way of exemplary damages, together with costs of suit and a reasonable sum for attorney’s fees: PROVIDED, HOWEVER, That the benefits of this section shall not be available to any employee who has knowingly submitted to such violations.

RCW 49.52.070 (emphasis and hyperlink added).

UNPAID CONTRACT WAGES — CASE LAW

The court in Clipse v. Commercial Driver Services, Inc., 189 Wn.App. 776, 358 P.3d 464 (Wash.App. Div. 2 2015), found that RCW 49.52.050(2) prohibits an employer from paying an employee a lower wage than the wage such employer is obligated to pay such employee by any statute, ordinance, or contract. Clipse, 189 Wn.App. at 776 (internal citation and quotation marks omitted) (emphasis added).

The court further determined that RCW 49.52.070 creates civil liability, including double damages, costs, and attorney fees, for violations of RCW 49.52.050. Id.

CONCLUSION

Under Washington State labor regulations, employee remedies for unpaid contract wages can include double damages, costs, and attorney fees.

LEARN MORE

If you would like to learn more, then consider contacting an experienced attorney to discuss your case. This article is not offered as legal advice and will not establish an attorney-client relationship with Law Office of Gregory A. Williams, or the author of this article; please refer to our Disclaimer | Terms of Use | Privacy Policy for more information.