The Rundown

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The Offer of Judgment (WA State)

The Offer of Judgment (WA State)

Under Washington Superior Court Civil Rules, what is an offer of judgment and how does it encourage settlements during litigation? Here’s my point of view.

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.

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Washington’s CR 68: How an Offer of Judgment Can Shape a Lawsuit

Litigation can be costly, and sometimes the outcome is uncertain. Washington’s Superior Court Civil Rule 68 (CR 68*) gives defendants a tool to manage those risks through what is known as an “offer of judgment.” Understanding this rule can help both attorneys and clients think strategically about settlement. The relevant court rule states as follows:

CR 68
OFFER OF JUDGMENT

At any time more than 10 days before the trial begins, a party defending against a claim may serve upon the adverse party an offer to allow judgment to be taken against the defending party for the money or property or to the effect specified in the defending party’s offer, with costs then accrued. If within 10 days after the service of the offer the adverse party serves written notice that the offer is accepted, either party may then file the offer and notice of acceptance together with proof of service thereof and thereupon the court shall enter judgment. An offer not accepted shall be deemed withdrawn and evidence thereof is not admissible except in a proceeding to determine costs. If the judgment finally obtained by the offeree is not more favorable than the offer, the offeree must pay the costs incurred after the making of the offer. The fact that an offer is made but not accepted does not preclude a subsequent offer. When the liability of one party to another has been determined by verdict or order or judgment, but the amount or extent of the liability remains to be determined by further proceedings, the party adjudged liable may make an offer of judgment, which shall have the same effect as an offer made before trial if it is served within a reasonable time not less than 10 days prior to the commencement of hearings to determine the amount or extent of liability.

CR 68*.

What Is an Offer of Judgment?

At least 10 days before trial, a defendant may make a written offer to the plaintiff to resolve the case for a specified amount of money, property, or other relief. If the plaintiff accepts the offer within 10 days, the court will enter judgment on those terms—effectively ending the case.

If the plaintiff rejects the offer and goes to trial, CR 68* raises the stakes: if the final judgment is not more favorable than the offer, the plaintiff must pay the defendant’s costs incurred after the offer was made.

Why It Matters for Plaintiffs

Plaintiffs should carefully weigh an offer of judgment. Turning down an offer that is equal to or greater than what the court ultimately awards can significantly reduce their recovery, because post-offer costs may shift to them.

Why It Matters for Defendants

For defendants, CR 68* provides leverage. Making a reasonable offer forces plaintiffs to assess litigation risk, knowing they could end up worse off if they gamble on trial. It also creates a formal settlement mechanism that can reduce ongoing litigation expenses.

Offers After Liability Is Decided

Even after a court or jury has determined liability but not yet the amount of damages, a defendant may still make an offer of judgment “if it is served within a reasonable time not less than 10 days prior to the commencement of hearings to determine the amount or extent of liability.” This helps streamline disputes where the only question is “how much,” not “who is responsible.”

Key Takeaway

CR 68* is more than just a settlement option—it’s a strategic tool that can shift litigation costs and encourage realistic evaluation of a case. Plaintiffs and defendants alike should approach offers of judgment with careful consideration using the assistance of legal counsel.

RELATED ARTICLES

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

» Rendering a Verdict: WA State vs. Federal Court

» Trials by Remote Means (WA State)

LEARN MORE

If you would like to learn more, then consider contacting an experienced employment 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

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What is Section 1981?

What is Section 1981?
FAQ: What is Section 1981?

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.

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FAQ: What is Section 1981?

answer:

Title 42 of the United States Code § 1981 (“Section 1981” or “§ 1981”) is a cornerstone of civil rights law, ensuring equal treatment for all individuals in the U.S., regardless of race. It primarily protects the right to make and enforce contracts–which includes “the enjoyment of all benefits, privileges, terms and conditions of the contractual relationship”–ensuring that people of all racial backgrounds can participate equally in legal and business affairs. 42 U.S.C. § 1981*. The relevant law states as follows:

42 U.S. Code § 1981 – Equal rights under the law

(a) Statement of equal rights

All persons within the jurisdiction of the United States shall have the same right in every State and Territory to make and enforce contracts, to sue, be parties, give evidence, and to the full and equal benefit of all laws and proceedings for the security of persons and property as is enjoyed by white citizens, and shall be subject to like punishment, pains, penalties, taxes, licenses, and exactions of every kind, and to no other.

(b) “Make and enforce contracts” defined

For purposes of this section, the term “make and enforce contracts” includes the making, performance, modification, and termination of contracts, and the enjoyment of all benefits, privileges, terms, and conditions of the contractual relationship.

(c) Protection against impairment

The rights protected by this section are protected against impairment by nongovernmental discrimination and impairment under color of State law.

Id.*

THE EMPLOYMENT CONTEXT

In the employment context, § 1981 “bars employers from discriminating and retaliating against employees based on the employee’s race[.]” Tank v. T-Mobile USA, Inc., 758 F.3d 800, 805 (7th Cir. 2014); see Surrell v. California Water Serv. Co., 518 F.3d 1097, 1103 (9th Cir. 2008) (“[Section] 1981 prohibits discrimination in the ‘benefits, privileges, terms and conditions’ of employment.”) (citing 42 U.S.C. § 1981(b)) (other citation omitted). Thus, Section 1981 specifically prohibits racial discrimination. Jones v. Bechtel, 788 F.2d 571, 574 (9th Cir. 1986).

Equal Rights in Contracts and Legal Matters

Section 1981 guarantees that everyone has the same rights as white citizens to engage in contracts, participate in legal proceedings, and receive legal protections. This includes the ability to sue, give evidence, and ensure the safety of one’s person and property, free from racial discrimination.

Scope of “Making and Enforcing Contracts”

The law goes beyond just the signing of agreements. It covers the entire process of creating, performing, modifying, and terminating contracts. The statute ensures that individuals can enjoy the same benefits and terms within a contractual relationship, regardless of their race or ethnicity.

Protection Against Discrimination

Section 1981 prohibits both governmental and private entities from discriminating based on race in contractual and legal matters. This means individuals are protected from racial bias not only by government actions but also by private employers, businesses, and organizations.

Conclusion

In sum, 42 U.S. Code Section 1981 plays a vital role in ensuring racial equality in contractual and legal rights, supporting fair treatment for all individuals in the U.S. It is an essential tool for protecting civil rights and promoting an equitable society.

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.

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Law & Logic: Confirmation Bias & Sunk Cost Fallacy

Law & Logic: Confirmation Bias & Sunk Cost Fallacy
Lesson #9: Confirmation Bias & Sunk Cost Fallacy

In logic, what do the terms Confirmation Bias and Sunk Cost Fallacy mean, and how do they apply to employment-law trial lawyers handling workplace disputes? Here’s my point of view.

IMPORTANT: All hyperlinks in this article with an asterisk (*) will take the reader away from this website to either our Williams Law Group Blog*, an official governmental website, or a well-recognized organization. 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.

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Thinking Clearly in Employment Litigation: Confirmation Bias and the Sunk Cost Fallacy

Successful employment litigation requires more than a thorough understanding of the law. It also requires sound judgment. Two common cognitive biases—confirmation bias and the sunk cost fallacy—can influence litigation strategy in ways that are easy to overlook.

Confirmation bias is the tendency to favor information that supports our existing beliefs while discounting evidence that points in the opposite direction. In employment cases, this can occur when an attorney becomes convinced early that a termination was either lawful or discriminatory and then unconsciously interprets new evidence through that lens.

For example, a lawyer may focus on documents and witness testimony that reinforce the client’s position while minimizing evidence that creates risk. Effective advocacy requires not only building a persuasive case but also honestly evaluating unfavorable facts. Lawyers who actively test their own assumptions are often better equipped to advise clients and anticipate opposing arguments.

The sunk cost fallacy involves continuing a course of action simply because substantial time, money, or effort has already been invested. In litigation, this can happen when the parties have spent months conducting discovery, taking depositions, and preparing for trial. Rather than evaluating whether settlement or continued litigation is the best decision today, lawyers and clients may feel compelled to “see it through” because of the resources already expended.

The better approach is to evaluate each stage of a case based on current facts, legal developments, litigation costs, and the client’s objectives—not on investments that cannot be recovered.

video Example: Confirmation Bias & Sunk Cost Fallacy

IMPLICATIONS

Recognizing these cognitive biases can improve decision-making throughout an employment case. Periodically reassessing the strengths and weaknesses of a claim, seeking objective feedback from colleagues, and remaining open to changing strategies as new evidence emerges can help attorneys provide more effective representation.

Employment litigation is inherently uncertain, and no attorney is immune from the way the human mind processes information. The most effective trial lawyers are those who remain willing to challenge their own assumptions and make strategic decisions based on the evidence as it exists today—not as they expected it to be when the case began.

Read Our Related Articles

» How Lawyers Utilize Deductive and Inductive Reasoning

» Law & Logic: Ad Hominem

» Law & Logic: Affirming the Consequent

» Law & Logic: Argument from Incredulity

» Law & Logic: Argumentum Ad Antiquitam (Appeal to Tradition)

» Law & Logic: Argumentum Ad Baculum (Appeal to Force)

» Law & Logic: Argumentum Ad Ignorantium (Appeal to Ignorance)

» Law & Logic: Argumentum Ad Populum

» Law & Logic: Argumentum Ad Vercundiam (Appeal to Authority)

» Law & Logic: Complex Question (False Dilemma)

» Law & Logic: Conjunction Fallacy

» Law & Logic: Cum Hoc Ergo Propter Hoc (False Cause)

» Law & Logic: Fallacy of the Inverse (Denying the Antecedent)

» Law & Logic: Halo Effect and Gambler’s Fallacy

» Law & Logic: Ignoratio Elenchi (Irrelevant Conclusion)

» Law & Logic: Petitio Principii (Circular Reasoning)

» Law & Logic: Proper Reasoning (Valid Logic)

» Law & Logic: Single Cause Fallacy (Complex Cause)

» Law & Logic: The False Compromise

» Law & Logic: The Straw Man Fallacy

LEARN MORE

If you would like to learn more, then consider contacting an experienced employment 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

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Personal Work Journals (WA State)

Personal Work Journals (WA State)

In Washington State, what are personal work journals and how can they help employees (and former employees) when pursing claims of employment discrimination? Here’s my point of view.

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.

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Using a Personal Work Journal in Employment Discrimination Cases in Washington State

When pursuing an employment discrimination claim in Washington State, evidence is essential. Employees often find themselves in the difficult position of needing to prove that discriminatory behavior occurred over time, particularly when such behavior may not have been documented by the employer. In these situations, a well-maintained personal work journal can serve as a valuable tool during litigation.

What Is a Personal Work Journal?

A personal work journal is a private record kept by an employee, documenting workplace events, communications, and observations. This might include:

•  Dates and details of discriminatory comments or actions

•  Notes on who was present during specific incidents

•  Descriptions of performance evaluations and changes in responsibilities

•  Documentation of complaints made to HR or supervisors

•  Recollections of meetings and informal conversations

While these journals are not official company documents, they can play an important role in shaping a narrative and supporting legal claims.

Relevance Under Washington Law

Washington State law prohibits employment discrimination based on 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 under the Washington Law Against Discrimination (WLAD), codified at RCW 49.60*. In these cases, courts often examine whether there is evidence of a discriminatory motive or pattern of behavior.

Because discrimination often occurs subtly or gradually, a personal journal can help demonstrate a consistent pattern that may not be apparent in formal HR records. Courts have recognized that contemporaneous notes—made at or near the time of the incidents—can be more credible than recollections made long after the fact.

How a Work Journal Can Support a Case
1. Establishing a Timeline

A journal can help construct a detailed and chronological account of events. This can be useful in showing causation—for example, if an adverse employment action occurred shortly after an employee complained about discrimination.

2. Corroborating Testimony

Notes that were recorded shortly after an event may support the employee’s version of events during depositions or trial. This can bolster the employee’s credibility and fill in gaps left by limited or sanitized employer records.

3. Identifying Witnesses

Journals often reference others who were present during discriminatory incidents. This information may help attorneys locate potential witnesses to support the employee’s claims.

4. Supporting Claims of Pretext

If an employer offers a non-discriminatory reason for an adverse action* (such as poor performance), a journal may provide evidence suggesting the justification was pretextual*—especially if performance was never questioned before a protected activity occurred.

Best Practices for Maintaining a Journal

For a journal to be helpful and admissible, it’s important to maintain it properly:

•  Be factual and objective: Avoid speculation or overly emotional language. Focus on who said what, when, and where.

•  Date entries accurately: Record events as soon as possible after they occur to preserve accuracy.

•  Keep it private: A personal work journal should be maintained outside the workplace and not stored on employer devices or servers.

•  Avoid altering entries: Retroactively editing entries can damage credibility. If you need to clarify or correct something, make a new entry and note the change transparently.

Limitations and Considerations

While journals can be helpful, they are not a silver bullet. Courts will weigh the credibility and context of journal entries, and opposing counsel may challenge their authenticity or accuracy. Additionally, if a case proceeds to litigation, the journal may be discoverable, meaning it could be shared with the employer and their legal team.

Employees should also be aware that journal content can be scrutinized. Overly dramatic or inconsistent entries may undercut the case, while consistent and measured notes can enhance credibility.

Conclusion

In employment discrimination cases in Washington State, a personal work journal can be a powerful supplement to other forms of evidence. When maintained properly, it can help employees establish a pattern of discriminatory conduct, support their testimony, and navigate the complex litigation process with more confidence.

For anyone considering legal action based on workplace discrimination, it’s wise to consult an experienced employment attorney early—and to start documenting concerns thoughtfully and consistently.

READ OUR RELATED ARTICLES

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

» Can you prove employment discrimination without direct evidence?

» Employment Law 101: Definition of Circumstantial Evidence (WA State)

» Proving Discrimination: The Direct-Evidence Method

» The McDonnell Douglas Burden Shifting Framework*

» Title VII of the Civil Rights Act of 1964

» Using Circumstantial Evidence to Prove Employment Discrimination

» What is WA State’s Law Against Employment Discrimination?

LEARN MORE

If you would like to learn more, then consider contacting an experienced employment 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

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WA State Civil Cases: Jury Trials vs. Bench Trials

WA State Civil Cases: Jury Trials vs. Bench Trials

In WA State, what are the differences between jury trials and bench trials when pursuing a civil lawsuit? Here’s my point of view.

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.

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Jury Trial vs. Bench Trial in Washington State Civil Cases: What’s the Difference?

If you’re involved in a civil lawsuit in Washington State, one key decision is who will decide your case—a jury or a judge. Each option has its own process and advantages.

Jury Trial

In a jury trial, six or twelve citizens hear the evidence and decide the outcome. The judge oversees the trial, but the jury decides the facts (e.g., who’s at fault or how much money should be awarded).

Why choose a jury?

-May be more sympathetic to emotional arguments

-Offers a range of viewpoints

-Some parties feel more comfortable being judged by peers

-Historically, juries in some cases have awarded greater damages for emotional distress or punitive damages than judges in bench trials.

Downsides:

-Can be slower and more expensive

-Less predictable than a judge’s ruling

Bench Trial

In a bench trial, there’s no jury—the judge handles everything, including the final decision.

Why choose a judge?

-Quicker and more streamlined

-Often better for technical or complex issues

-More predictable and legally focused

How Do You Choose?

Either side can request a jury, but the request must be timely and usually includes a fee; if no one requests one, the case defaults to a bench trial. See CR 38*.

Not sure which is right for your case? A Washington civil attorney can help you weigh the options and protect your best interests.

RELATED ARTICLES

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

» Rendering a Verdict: WA State vs. Federal Court

» Trials by Remote Means (WA State)

LEARN MORE

If you would like to learn more, then consider contacting an experienced employment 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

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Law & Logic: Argumentum Ad Baculum (Appeal to Force)

Law & Logic: Argumentum Ad Baculum (Appeal to Force)
Lesson #8: Argumentum Ad Baculum (Appeal to Force)

In logic, what does the term Argumentum Ad Baculum (Appeal to Force) mean, and how does it apply to employment-law trial lawyers handling workplace disputes? Here’s my point of view.

IMPORTANT: All hyperlinks in this article with an asterisk (*) will take the reader away from this website to either our Williams Law Group Blog*, an official governmental website, or a well-recognized organization. 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.

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Understanding Argumentum Ad Baculum: Why Employment-Law Attorneys Should Avoid the “Appeal to Force”

What Is Argumentum Ad Baculum?

The Latin phrase argumentum ad baculum translates to “argument to the stick” and refers to the logical fallacy commonly known as the appeal to force. Rather than persuading through evidence, legal authority, or sound reasoning, this fallacy attempts to secure agreement by invoking fear, intimidation, or the threat of adverse consequences.

In other words, the argument is not, “This position is legally correct because the facts and law support it,” but instead, “You should agree because something unpleasant will happen if you do not.”

For lawyers, understanding this distinction is essential because effective advocacy depends on reasoned analysis—not coercion.

video Example: Argumentum Ad Baculum (Appeal to Force)

Distinguishing Legitimate Advocacy from Coercion

Employment-law litigation often involves difficult decisions about settlement, trial strategy, and litigation risk. Attorneys routinely discuss the costs of litigation, the uncertainty of jury verdicts, and the possibility of statutory attorney’s fees or other legal consequences. These are legitimate considerations when they are presented to help clients or opposing parties make informed decisions.

The appeal to force becomes problematic when threats are used as though they prove the merits of a legal claim. A statement intended to intimidate an opposing party into conceding liability does not establish that liability actually exists. The legal validity of a claim must always rest on the evidence and the applicable law, not on the pressure created by the litigation process.

How the Fallacy May Appear in Employment Litigation

Although experienced trial attorneys generally recognize the importance of evidence-based advocacy, argumentum ad baculum can arise in subtle ways during employment disputes.

Examples may include implying that an employee should abandon a claim to avoid financial hardship, suggesting that an employer should concede simply to escape mounting litigation expenses, or attempting to influence a witness through implied professional or reputational consequences unrelated to the factual issues before the court.

Likewise, arguments that encourage a jury to decide a case based primarily on fear of economic or social consequences—rather than the evidence and governing law—risk crossing into fallacious reasoning.

Why Recognizing the Fallacy Matters

Identifying an appeal to force helps attorneys maintain focus on what ultimately determines the outcome of a case: credible evidence, persuasive legal analysis, and the proper application of the law.

When discussions become centered on intimidation instead of legal merit, negotiations may become less productive, and advocacy can lose credibility. By recognizing this shift, attorneys can redirect the conversation to the strengths and weaknesses of the claims, the available evidence, and the governing legal standards.

Clients also benefit from understanding this distinction. They are better positioned to separate legitimate legal advice about litigation risks from arguments that rely primarily on pressure rather than proof.

A Practical Lesson for Trial Lawyers

Strong employment-law advocacy requires balancing vigorous representation with sound legal reasoning. Lawyers should not hesitate to advise clients about genuine risks associated with litigation, including the possibility of adverse judgments, attorney’s fees, sanctions, or reputational consequences where legally relevant. Those discussions are an important part of competent legal representation.

However, those risks should never be presented as evidence that a legal position is correct. Persuasion is most effective—and most consistent with the principles of justice—when it is grounded in facts, legal authority, and logical analysis.

CLOSING ARGUMENT

Argumentum ad baculum serves as a reminder that the quality of a legal argument depends on its reasoning, not its ability to intimidate. Whether negotiating a settlement, arguing a motion, or presenting a case to a jury, employment-law attorneys best serve their clients and the justice system by ensuring that persuasion is based on evidence and the rule of law rather than the threat of adverse consequences.

Read Our Related Articles

» How Lawyers Utilize Deductive and Inductive Reasoning

» Law & Logic: Ad Hominem

» Law & Logic: Affirming the Consequent

» Law & Logic: Argument from Incredulity

» Law & Logic: Argumentum Ad Antiquitam (Appeal to Tradition)

» Law & Logic: Argumentum Ad Ignorantium (Appeal to Ignorance)

» Law & Logic: Argumentum Ad Populum

» Law & Logic: Argumentum Ad Vercundiam (Appeal to Authority)

» Law & Logic: Complex Question (False Dilemma)

» Law & Logic: Confirmation Bias & Sunk Cost Fallacy

» Law & Logic: Conjunction Fallacy

» Law & Logic: Cum Hoc Ergo Propter Hoc (False Cause)

» Law & Logic: Fallacy of the Inverse (Denying the Antecedent)

» Law & Logic: Halo Effect and Gambler’s Fallacy

» Law & Logic: Ignoratio Elenchi (Irrelevant Conclusion)

» Law & Logic: Petitio Principii (Circular Reasoning)

» Law & Logic: Proper Reasoning (Valid Logic)

» Law & Logic: Single Cause Fallacy (Complex Cause)

» Law & Logic: The False Compromise

» Law & Logic: The Straw Man Fallacy

LEARN MORE

If you would like to learn more, then consider contacting an experienced employment 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

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How can an employment-law attorney help me?

How can an employment-law attorney help me?
Q: 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.

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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.

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Law & Logic: Argumentum Ad Antiquitam (Appeal to Tradition)

Law & Logic: Argumentum Ad Antiquitam (Appeal to Tradition)
Lesson #7: Argumentum Ad Antiquitam (Appeal to Tradition)

In logic, what does the term Argumentum Ad Antiquitam (Appeal to Tradition) mean, and how does it apply to employment-law trial lawyers handling workplace disputes? Here’s my point of view.

IMPORTANT: All hyperlinks in this article with an asterisk (*) will take the reader away from this website to either our Williams Law Group Blog*, an official governmental website, or a well-recognized organization. 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.

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Argumentum ad Antiquitam: Why “We’ve Always Done It This Way” Isn’t a Winning Legal Argument

What Is Argumentum Ad AntiquitaM?

Argumentum ad antiquitam, commonly known as the Appeal to Tradition, is a logical fallacy that assumes a practice, policy, or belief is correct simply because it has existed for a long time. While traditions often reflect valuable experience, longevity alone does not establish legality, fairness, or sound reasoning.

In everyday life, this fallacy appears in statements such as, “We’ve always done it this way, so it must be the right way.” In logic, however, a claim stands or falls on the strength of the evidence supporting it—not on its age.

video Example: Argumentum Ad Antiquitam

Why It Matters in Employment Litigation

Employment-law trial attorneys frequently encounter arguments that resemble an appeal to tradition. An employer may contend that a workplace policy, hiring practice, disciplinary procedure, or compensation system has been in place for decades. Although that history may provide useful context, it does not answer the legal question.

Courts evaluate employment disputes by applying statutes, regulations, case law, and the facts presented—not by measuring how long a challenged practice has existed. A policy that was accepted years ago may nevertheless violate current legal standards or fail to withstand scrutiny when examined in light of today’s evidence.

A Practical Lesson for Trial Attorneys

For employment-law advocates, the lesson is straightforward: distinguish between evidence of historical practice and evidence of legal compliance. A longstanding policy may explain why an employer acted as it did, but it is not, by itself, proof that the conduct was lawful or justified.

Effective trial advocacy focuses on the governing law, credible evidence, and persuasive legal analysis. By recognizing and avoiding the Appeal to Tradition, attorneys can better evaluate their cases, present stronger arguments, and help courts reach decisions based on reason rather than habit.

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» Law & Logic: Argument from Incredulity

» Law & Logic: Argumentum Ad Baculum (Appeal to Force)

» Law & Logic: Argumentum Ad Ignorantium (Appeal to Ignorance)

» Law & Logic: Argumentum Ad Populum

» Law & Logic: Argumentum Ad Vercundiam (Appeal to Authority)

» Law & Logic: Complex Question (False Dilemma)

» Law & Logic: Confirmation Bias & Sunk Cost Fallacy

» Law & Logic: Conjunction Fallacy

» Law & Logic: Cum Hoc Ergo Propter Hoc (False Cause)

» Law & Logic: Fallacy of the Inverse (Denying the Antecedent)

» Law & Logic: Halo Effect and Gambler’s Fallacy

» Law & Logic: Ignoratio Elenchi (Irrelevant Conclusion)

» Law & Logic: Petitio Principii (Circular Reasoning)

» Law & Logic: Proper Reasoning (Valid Logic)

» Law & Logic: Single Cause Fallacy (Complex Cause)

» Law & Logic: The False Compromise

» Law & Logic: The Straw Man Fallacy

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If you would like to learn more, then consider contacting an experienced employment 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

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What are the elements of Failure to Provide Reasonable Accommodations in WA State?

What are the elements of Failure to Provide Reasonable Accommodations in WA State?
FAQ: What are the elements of Failure to Provide Reasonable Accommodations in WA State?

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.

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What are the elements of Failure to Provide Reasonable Accommodations in WA State?

answer:

“An employee claiming his or her employer failed to accommodate a disability must prove that[:]

(1) the employee suffered from a disability,

(2) the employee was qualified to do the job at issue,

(3) the employee gave his or her employer notice of the disability, and

(4) the employer failed to reasonably accommodate that disability.

Mackey v. Home Depot USA, Inc.*, 12 Wn.App.2d 557, 586 (Div. 2 2020), review denied, 468 P.3d 616 (2020) (citing LaRose v. King County, 8 Wn.App.2d 90, 125-26, 437 P.3d 701 (2019)) (paragraph formatting, emphasis, and hyperlinks added).

The above elements formulate a prima facie case of Failure to Provide Reasonable Accommodations in Washington State.

Read More About This Topic

We invite you to read our article* about the prima facie case* and how it fits within the larger McDonnel Douglas Burden-Shifting Framework*.

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Reasonable Accommodations: Duty To Communicate

Reasonable Accommodations: Duty To Communicate

Under Washington State employment laws concerning reasonable accommodations, what is the employee’s “duty to communicate“? 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.)

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DUTY TO PROVIDE REASONABLE ACCOMMODATIONS (EMPLOYERS)

The Washington Law Against Discrimination (WLAD) “gives employers an affirmative duty to accommodate an employee‘s disability.” Mackey v. Home Depot USA, Inc., 12 Wn.App.2d 557, 586 (Div. 2 2020), review denied, 468 P.3d 616 (2020) (citing RCW 49.60.180(2); LaRose v. King County, 8 Wn.App.2d 90, 125, 437 P.3d 701 (2019)) (hyperlinks added).

DUTY TO COMMUNICATE (EMPLOYEES)

When an employer’s accommodation is ineffective, the employee’s corresponding duty to communicate mandates: “If the employee does not communicate to the employer that an accommodation was not effective, he or she cannot maintain a failure to accommodate claim.” Id. at 587 (internal citation omitted) (emphasis and hyperlinks added). The basis for this duty is that “an employer must be able to ascertain whether its efforts at accommodation have been effective, and therefore an employee has a duty to communicate to the employer whether the accommodation was effective.” Id. at 586-87 (citing Frisino v. Seattle Sch. Dist. No. 1, 160 Wn.App. 765, 783, 249 P.3d 1044 (2011)) (hyperlinks added).

EXAMPLE: MACKEY v. HOME DEPOT USA, INC.

In Mackey v. Home Depot USA, Inc., “Mackey began working at Home Depot[] … in 2006.” Id. at 564. “During her employment, Mackey suffered from depression, posttraumatic stress disorder (PTSD), and degenerative disc disease. She asked for accommodations related to all these conditions.” Id.

home depot’s DUTY TO ACCOMMODATE (EMPLOYER)

“Home Depot accommodated Mackey’s degenerative disc disease by allowing [her] … to have other employees do any required lifting.” Id. at 586.

mackey’s FAILURE TO ACCOMMODATE CLAIM

“Home Depot [eventually] terminated Mackey’s employment after an investigation determined that she had been violating company policies regarding discounts on customer orders.” Id. at 563. “Mackey asserted claims for[, inter alia,] failure to reasonably accommodate her physical disability.” Id. “Mackey argue[d] that [Home Depot’s disability] … accommodation was unreasonable because it required her to seek out the help of other employees and tell them about her disability before completing the lifting tasks assigned to her.” Id.

mackey’s DUTY TO COMMUNICATE (EMPLOYEE)

The employer defended by asserting, “Mackey failed to notify Home Depot that the [disability] accommodation it provided to her was insufficient or unreasonable.” Id. at 586. The Court also noted: “Mackey admitted that she never complained to Home Depot that she did not have someone to lift for her or that the accommodation was not adequate.” Id. at 587.

THE COURT’S HOLDING

The Washington State Court of Appeals held, “[T]he trial court did not err in granting summary judgment on Mackey’s failure to reasonably accommodate claim because Mackey never notified Home Depot that the accommodation it provided was ineffective or unreasonable.” Id. at 564.

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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.