Kathy has focused on employment law since 1985, developing expertise in diverse employment issues ranging from negotiating employment agreements to the defense of employment discrimination, wrongful termination, and breach of contract litigation. She has received peer recognition as a Washington Super Lawyer, been named one of Washington’s Most Amazing Attorneys in Labor and Employment by CEO Magazine and nominated as a Top Lawyer in the Puget Sound Region by Seattle Business magazine. Kathy is also listed as a Best Lawyer® in Best Lawyers in America.
Kathy has extensive experience in drafting personnel handbooks, employment forms, employment agreements and other personnel documents, and often conducts training sessions for management and employees. She has also developed preventative strategies for employers to help reduce the likelihood of litigation and counsels employers on issues including sexual harassment, discrimination, wage and hour requirements, the Family Medical Leave Act, personnel policies and procedures, investigations of personnel complaints, the Americans with Disabilities Act and hiring practices.
In addition to her employment counseling practice, Kathy litigates employment-related claims in state and federal court and local equal employment agencies. These cases include sex and age discrimination, sexual harassment, disability, contract disputes, wrongful termination, and breach of employment agreements, including non-competition and non-solicitation clauses.
Professional Experience
- Ater Wynne, Seattle, Washington, Partner, 2004 to present; Of Counsel, 2000 to 2004
- Reed McClure, Seattle, Washington, 1985 to 2000; Shareholder, 1992 to 2000
Education
- Villanova University School of Law, J.D., 1985
- University of Pennsylvania, B.A., cum laude, 1981
Admitted to Practice
- Washington
- U.S. District Court, Western District of Washington
Professional Activities
- King County Bar Association, Labor and Employment Section
- Washington State Bar Association
- American Bar Association, Labor and Employment Section
- Society for Human Resource Management, National and Seattle Chapters
- Washington State Healthcare Human Resources Association
Representative Matters
- Represented a large non-profit organization in successful resolution of a claim by plaintiff alleging violations of the American with Disabilities Act and Washington Law Against Discrimination. J.R. Cavin v. Volunteers of America Western Washington, United States District Court, Western District of Washington at Seattle, Case No. 2:09-01527-JCC.
- Represented a fitness equipment manufacturer in successful resolution of a claim by plaintiff alleging breach of agreement, tortious interference with contract, and violation of the Washington Trade Secrets Act. Precor, Inc. v. Larry Domingo, et al, King County Superior Court, State of Washington, Case No. 09-2-42186-2SEA.
- Successful resolution by Offer of Judgment in favor of defendant of a claim by plaintiffs alleging breach of contract and accounting in sale of business. Schoenleber, et al. v. Securitas Security Services USA, Inc., Spokane County Superior Court, State of Washington, Case No. 2007-02-01493-9.
- Represented Hewlett-Packard Company in successful resolution of a claim by plaintiff alleging wrongful termination, disability discrimination, retaliation and ERISA violations. Selchow v. Hewlett Packard Company, United States District Court, Western District of Washington at Tacoma, Case No. C05-5683RBL.
- Obtained a defense judgment, after trial, in favor of a large industrial plant in connection with a wrongful discharge claim brought by a former employee who had been fired after being accused of misconduct. Barker v. Advanced Silicon Materials, Superior Court of the State of Washington, for Grant County, Case No. 02-2-00262-1.
- Obtained a summary judgment dismissal, before trial, of a sex discrimination claim in favor of a large industrial plant. Barker v. Advanced Silicon Materials, Superior Court of the State of Washington, for Grant County, Case No. 02-2-00262-1.
- Secured a summary judgment dismissal of a wrongful termination claim in favor of a large security services company brought by a former employee who had been fired after being accused of misconduct. Casper v. Securitas Security Services USA, Inc., Superior Court of the State of Washington, for King County, Case No. 04-2-30721-0 KNT.
- Represented a large security services company in successful resolution of a lawsuit brought by plaintiff alleging a violation of the Uniformed Services Employment and Reemployment Rights Act of 1994 (“USERRA”). Beaudine v. Securitas Security Services USA, Inc., United States District Court, Western District of Washington, Case No. C04-0936.
- Secured a summary judgment dismissal of a wrongful termination claim brought by a former employee who had been terminated for misconduct. Barbara Gary and Juan Gary v. Securitas Security Services USA, Inc., Superior Court of the State of Washington, for King County, Case No. 03-2-34848-1SEA.
Representative Publications and/or Presentations
- Update On: Americans with Disabilities Act Amendment Act, Ater Wynne Employment Seminar, December 2011.
- Top Ten Employment Issues for 2011, Ater Wynne Employment Law Seminar, December 2011.
- Family and Medical Leave Act, Lorman CLE Presentation, November 2011.
- Americans with Disabilities Amendment Act: Basics In Washington, Northwest Public Power Association's Annual NW Wage & Hour Meeting, October 2011.
- Social Media: New Opportunities and Headaches, Washington Healthcare News, June 2010
- Update Your Policies Now to Comply with ADAAA, Washington Healthcare News, February 2009.
- Medical Facility: Cure Thyself. Look for the Symptoms of Employment Discrimination, Washington Healthcare News, June, 2008.
- Understand the Employment Law Surrounding Medical Leave and Disability in a Leanly Staffed Medical Practice, Washington Healthcare News, February 2008.
- Workplace Violence in Hospitals: When Caregivers Become Victims. Washington Healthcare News. November 2007.
- Top Ten Employment Issues for 2005. Ater Wynne Employment Law Roundtable. December 2005.
- The New Federal Overtime Regulations. Ater Wynne Employment Law Roundtable. June 2004.
- Legal Update: Employment Issues 2003. Washington State Association of Healthcare Recruiters. November 2003.
- Manager Training in Employment Issues: Workplace Violence; How to Conduct a Sexual Harassment Investigation; Documentation and Recordkeeping; Overview of the ADA, FMLA, and Washington State Family Care Act; Preventive Strategies in the Hiring Process; Sexual Harassment; Wage and Salary Regulations; Understanding the Washington Family Care Act; Accommodation in the Application and Interview Process (ADA); Documenting Employee Misconduct and Poor Performance; Appropriate Use of Communications and Software Systems and E-Mail; Protecting Trade Secrets; Performance Appraisals; Progressive Discipline; Pre-employment Drug/Alcohol Testing.
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