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 ↗

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As a condition of this settlement, State of Washington requires that
Plaintiff agree he will neither seek nor accept employment with
WASHINGTON STATE UNIVERSITY-SPOKANE, at any time in the
future. The parties understand and agree that The State of Washington has
required this paragraph as a material provision of this Agreement and that
any breach of this paragraph shall be a material breach of this Agreement
and that the State would be irreparably harmed by violation of this
provision. If for any reason Plaintiff is offered employment with the
Washington State University-Spokane, the State of Washington requires
that this agreement may be used as the sole basis to rescind any offer of
employment or to terminate employment. Because the State of Washington
is requiring this paragraph as a condition of Settlement, Plaintiff agrees.
The parties agree this required limitation applies only to employment with
WSU-Spokane and that it does not prevent Plaintiff for [sic] working for an
independent contractor providing services, consulting, acting as a vendor or
other contractors providing materials, supplies or services to WSU-
Spokane.

Clerk’s Papers (CP) at 30 (emphasis added). I refer to paragraph 3 as the no-reapply

clause. Elgiadi and WSU provide this court no evidence of any communications between

the parties that led to the inclusion of the no-reapply clause in the settlement agreement.

This appeal raises six related questions. First, is the no-reapply clause void as

against public policy? Second, did Saleh Elgiadi waive the right to challenge the no-

reapply clause? Third, is Elgiadi equitably estopped from challenging the no-reapply
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