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

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

Related Parts of This Source

Full Text

1,377 chars

(quoting Marquis, 130 Wn.2d at 109). Toward achieving this policy, the court

emphasized that a “reasonable employee” must not be dissuaded from opposing

14
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

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

discriminatory practices by fear of being blacklisted by a prospective employer. Id. at

619.

In Zhu, had the court ruled differently, employees opposing unlawful

discrimination could be blacklisted by any prospective employers. Such a result would

cause employees to be dissuaded from opposing unlawful discrimination, thus frustrating

an important policy behind the WLAD.

The opposite is true here. Mr. Elgiadi is free to work for any employer except one

branch campus of WSU.3 This very narrow prohibition would not cause a reasonable

employee to be dissuaded from opposing unlawful discrimination. This is especially true

here, where Mr. Elgiadi in his initial lawsuit did not seek to be rehired. Because the no-

rehire provision is narrow, Zhu does not require us to invalidate it.

2. The no-rehire provision does not violate RCW 49.62.020

Mr. Elgiadi argues the no-rehire provision violates RCW 49.62.020. We disagree.

RCW 49.62.020 governs to what extent noncompetition covenants are void and

unenforceable. With limited exceptions, a noncompetition covenant includes every