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

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Physicians Medical Group, 782 F.3d at 1091. The court concluded that it did and thus

violated California law. Golden sued CEP, claiming that the employer fired him because

of his race. During a settlement conference, the parties orally agreed to settle the case.

When the settlement agreement was later reduced to writing, however, Golden refused to

sign it. He claimed that one of its provisions breached California’s statutory prohibition

on contracts that restrain one from engaging in a lawful profession, trade, or business.

The paragraph precluded Golden from working at any facility owned by CEP or with

whom CEP contracted. The court discussed extensively whether the contract provision

violated the California statute. More importantly, after concluding that the provision

contravened California law, the court held that the employer could not insert a provision

in the settlement agreement that precluded it from rehiring by the settling employee. The

court did not express concern about Golden working in an environment of hurt feelings

because of his earlier allegations of racial discrimination.

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

No. 38784-4-III
Elgiadi v. Washington State University

WSU worries that a ruling favoring Saleh Elgiadi could reduce, if not end, the

settling of employment discrimination claims. I question this assertion. Nevertheless,

this court may not ignore the unmistakable terms of a statute, which holds highest

priority, in order to facilitate settlement of lawsuits.

WSU worries that any ruling favoring Saleh Elgiadi would also outlaw the long-

accepted practice of negotiating for no future employment terms. Of course, my dissent