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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The dissent argues that one cannot waive a future claim of discrimination. But
this is not what Mr. Elgiadi waived. He waived his right to reapply or be rehired by one
branch campus of a public university. This “right” was less important to Mr. Elgiadi than
settling his claims for substantial compensation, as evidenced by his knowing, intelligent,
and voluntary agreement to that condition in the settlement agreement.

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No. 38784-4-111
Elgiadi v. Wash. State Univ.

written agreement "by which an employee or independent contractor is prohibited or

restrained from engaging in a lawful profession, trade, or business of any kind."

RCW 49.62.010(4).

Here, Mr. Elgiadi was not an employee or independent contractor when he agreed

to the no-rehire provision. He was a former employee. Thus, the provision is not a

noncompetition covenant, and RCW 49.62.020 is not implicated.

We affirm the trial court's summary dismissal of Mr. Elgiadi's claims.

I CONCUR:

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No. 38784-4-III

FEARING, J. (dissenting) — In settlement of an employment discrimination suit

that Saleh Elgiadi brought against the Spokane branch campus of Washington State

University (WSU), WSU paid Elgiadi the sum of $295,000. In turn, Elgiadi signed a

three-page “Settlement and Release Agreement” (settlement agreement). Paragraph 3 of

the settlement agreement reads: