Wash. Court of Appeals published opinion — 387844_pub.pdf

Citation: Wash. Court of Appeals published opinion — 387844_pub.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/387844_pub.pdf ↗

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IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION THREE

SALEH ELGIADI, on behalf of himself ) No. 38784-4-III
and all others similarly situated, )
)
Appellant, )
)
v. ) PUBLISHED OPINION
)
WASHINGTON STATE UNIVERSITY )
SPOKANE, an agency of the State of )
Washington and THE STATE OF )
WASHINGTON, )
)
Respondents. )

LAWRENCE-BERREY, J. — Settling parties in employment discrimination cases

sometimes include a no-rehire provision in their settlement agreements. In the provision,

the former employee agrees not to seek or accept employment from the former employer.

The question presented here is whether a former employee who settles a claim of

unlawful discrimination may effectively waive their contingent right to be rehired. We

conclude they may and affirm the trial court’s summary judgment rulings.
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

No. 38784-4-III
Elgiadi v. Wash. State Univ.

FACTS

Saleh Elgiadi worked for Washington State University (WSU) for 29 years.

During this time, he worked in information technology, eventually becoming the chief

information technology officer for WSU-Spokane’s information technologies systems

(ITS) department. Following a wage dispute, WSU terminated his employment.

Mr. Elgiadi brought suit against WSU and the State of Washington (collectively

the State) alleging breach of contract, promissory estoppel, wrongful termination in

violation of public policy, negligent misrepresentation, intentional misrepresentation,

intentional interference with a business expectancy, retaliation, and age discrimination.

His request for relief included lost wages, benefits, back wages, front pay, double

damages, prejudgment interest, and attorney fees; he did not ask to be reinstated. His