Kelby D. Fletcher

Of Counsel

Overview

For more than 30 years, Kelby has counseled individuals and employers on the ever-evolving law concerning employment relationships. He assists employees at all levels understand their rights and obligations under state and federal law.

Kelby has represented both sides of the table in employment negotiations and has served as an effective litigator on his clients’ behalf in state and federal courts. Kelby has also served as an arbitrator and mediator, where his well-developed understanding of problem-solving and the complexities involved with employment law provides him with a unique perspective to evaluate all sides and present a balanced solution. He has also served as a hearing officer in Washington State Bar Association discipline matters and as a pro tem hearing examiner for Seattle and Bellevue. Kelby is a frequent speaker at continuing legal education seminars.

He was inducted into the College of Labor & Employment Lawyers in November 2012.

“My goal is to help clients succeed, whether that means avoiding costly litigation or revising a contract to secure more favorable terms.”

Recognition & Honors

Selected for inclusion as a Washington Super Lawyer, 2003-2024
- Washington State’s Top 100 Lawyers, 2010-2017
Selected for inclusion in The Best Lawyers in America® for Employment Law – Individuals; Litigation – Labor and Employment (Seattle, WA), 1989-present
Recognized as a Top-Rated Lawyer, West Coast, by the National Law Journal, 2017
College of Labor and Employment Lawyers, Fellow, Class of 2012
Recognized as an Outstanding Plaintiff’s Lawyer by the Washington Defense Trial Lawyers Association, 2007
Speaker at more than 40 continuing legal education (CLE) seminars sponsored by the Washington State Bar Association, Washington Association for Justice, Mexican American Legal Defense Fund, and others.

Representative Work

Moore v. Blue Frog Mobile,153 Wn. App. 1, 221 P.3d 913 (2009) (Defense of former CEO in unpaid wage claim).
Doe v. The Boeing Co., 64 Wn. App. 235, 823 P.2d 1159 (1992), rev’d, 121 Wn.2d 8, 846 P.2d 531 (1993) (Representation of a transgender person claiming discrimination; Supreme Court recognized gender dysphoria as a disability prior to state law creating protected class of LGBT persons).
Selberg v. United Pacific Insurance Co., 45 Wn. App. 469, 726 P.2d 468, rev. denied, 107 Wn.2d 1017 (1986) (Successful representation of former insurance company executive in age discrimination case).
Adams v. University of Washington, 106 Wn.2d 312, 722 P.2d 74 (1986) (Representation of women in blue collar equal pay case).
Mele v. Turner, 106 Wn.2d 73, 720 P.2d 787 (1986)

Briggs v. Nova Services, 166 Wn.2d 794, 213 P.3d 910 (2009)
Brundridge v. Fluor Federal Services, Inc., 164 Wn.2d 432, 191 P.3d 910 (2009)
Panag v. Farmers Insurance Co., 166 Wn.2d 27, 204 P.3d 885 (2009)
Miller v. Campbell, 164 Wn.2d 529, 192 P.3d 352 (2008)
Doe v. Corporation of the Church of Latter Day Saints, 141 Wn. App. 407, 167 P.3d 1193 (2007), rev. denied, 164 Wn.2d 1009 (2008)
Dix v. ICT Group, 160 Wn.2d 826, 161 P.3d 1016 (2007)
DePhillips v. Zolt Const. Co., 136 Wn.2d 26, 959 P.2d 1104 (1998)
Goodman v. The Boeing Co., 75 Wn. App. 60, 877 P.2d 703 (1994), aff’d, 127 Wn.2d 401, 899 P.2d 1265 (1995)
Kastanis v. Educational Employees Credit Union, 122 Wn.2d 483, 865 P.2d 507 (1993)
Gaglidari v. Denny’s Restaurants, 117 Wn.2d 426, 815 P.2d 1362 (1991)

Publications & Presentations

Kelby is a prolific writer and speaker on various topics. The following is a partial listing of publications since 2016:

“The Lawfulness and Awfulness of Employee Non-Solicitation Agreements,” Washington State Bar Association, NWLawyer (Sept. 2021)
“Observations and Recent Appellate Developments in Washington State Employment Law,” Washington State Bar Association, 20th Annual Labor & Employment Law Section CLE (Nov. 2020)
“Observations and Recent Appellate Developments in Washington State Employment Law,” Washington State Bar Association, 18th Annual Labor & Employment Law Section CLE (Nov. 2018)
“The Year in Review: 2018 Washington State Court Decisions Affecting Employment Practices,” Stokes Lawrence, Employment Law Update for Washington Employers (Nov. 2018)
“Recent Developments in Washington Employment Law,” King County Bar Association, Employment Law Institute (Oct. 2018)

“Employment Law Update,” Washington State Bar Association, Solo and Small Firm Conference (Sept. 2018)
“Legislature should enact rules on noncompete agreements,” Puget Sound Business Journal (Mar. 2018)
“Observations and Recent Appellate Developments in Washington State Employment Law,” Washington State Bar Association, 17th Annual Labor & Employment Law Conference (Dec. 2017)
“Washington Paid Sick Leave Law & Other Hot Topics—Your Questions Answered,” Stokes Lawrence, Employment Law Update for Washington Employers (Oct. 2017)
“An Appeal for Shorter Appellate Decisions,” Washington State Bar Association, NWLawyer (July/Aug. 2017)
“The Year in Review: Federal and State Appellate Decisions and Legislation in Employment Practice,” King County Bar Association, Employment Law Institute CLE (Mar. 2017)
“Appellate Developments in Washington State Employment Law,” Stokes Lawrence, Employment Law Institute (Nov. 2016)
“DOL Issues New Rules on Overtime Pay,” StokesLaw Briefs (May 2016)

Professional & Community Activities

Washington State Bar Association
- Hearing Officer for Lawyer Discipline
- Labor and Employment Law Section, Chair, 2009
  - Executive Committee, 2007-2009
Washington State Association for Justice Foundation, Amicus Committee, Chair
Therapeutic Health Services, Past Board of Directors

Outside the Office

Kelby enjoys traveling in South America and Europe, hiking in Olympic National Park, urban hikes in Seattle, photography, and time with grandchildren.

Kelby D. Fletcher

Areas of Practice

Assistant

Overview

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