Kelby D. Fletcher
Shareholder | Seattle
For more than 30 years, Kelby has counseled individuals and employers on the ever-evolving law concerning employment relationships.
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 also serves as an arbitrator and mediator where his well-developed understanding of problem solving and the complexities involved with employment law provide him with a unique perspective to evaluate all sides and present a balanced solution. He has also served as an arbitrator and hearing officer in WSBA discipline matters, such 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.
- Washington, 1974
- U.S. District Courts for the Eastern and Western Districts of Washington (1974)
- U.S. Court of Appeals for the Ninth Circuit (1976)
- U.S. Court of Federal Claims (2008)
- Northwestern University School of Law, J.D. (1974)
- The American University School of International Service, B.A. (1971)
Recognition & Honors
- 100 Best Lawyers, Washington Super Lawyers (2010 - 2017)
- The Best Lawyers in America in Employment Law - Individuals; Litigation - Labor and Employment (1989 - 2021 inclusive)
- Washington Super Lawyers (2003 - 2020, inclusive)
- Top-Rated Lawyer, West Coast, National Law Journal (2017)
- Fellow of the College of Labor and Employment Lawyers, Class of 2012
- Outstanding Plaintiff's Lawyer, Washington Defense Trial Lawyers Association (2007)
Counsel of Record
- 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 trans-gender 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)
Counsel for Amicus
- 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
- "Observations and Recent Appellate Developments in Washington State Employment Law," presenter, Washington State Bar Association 18th Annual Labor & Employment Law Section CLE (November 2018)
- "The Year in Review: 2018 Washington State Court Decisions Affecting Employment Practices," presenter, 2018 Employment Law Update for Washington Employers (November 2018)
- "Recent Developments in Washington Employment Law," presenter, King County Bar Association Employment Law Institute (October 2018)
- "Employment Law Update," presenter, Washington State Bar Association 2018 Solo and Small Firm Conference (September 2018)
- "Legislature should enact rules on noncompete agreements," author, Puget Sound Business Journal (March 2, 2018)
- "Observations and Recent Appellate Developments in Washington State Employment Law," presenter, WSBA Labor & Employment Section 17th Annual Labor & Employment Law Conference (December 2017)
- "Washington Paid Sick Leave Law & Other Hot Topics - Your Questions Answered," panelist, 2017 Employment Law Update for Washington Employers (October 2017)
- "An Appeal for Shorter Appellate Decisions," author, NWLawyer (July/August 2017)
- "The Year in Review: Federal and State Appellate Decisions and Legislation in Employment Practice," co-presenter with Aviva Kamm, Employment Law Institute CLE, King County Bar Association (March 2017)
- "Appellate Developments in Washington State Employment Law," presenter Stokes Lawrence Employment Law Institute (November 2016)
- "DOL Issues New Rules on Overtime Pay," co-author with Krista Nelson, blog post, Stokes Law Briefs (May 2016)
- "Observations and Recent Appellate Developments in Washington State," presenter, Stokes Lawrence Employment Law Institute (December 2015)
- "The Year in Review: Federal and State Appellate Decisions and Legislation in Employment Practice," co-presenter with Aviva Kamm, Employment Law Institute CLE, King County Bar Association (September 2015)
- "Department of Labor Plans Overtime Overhaul," co-author with Aviva Kamm, blog post, Stokes Law Briefs (June 2015)
- "Observations & Recent Appellate Development in Washington State Employment Law," presenter, Stokes Lawrence Employment Law Institute (August 2014)
- "Preserving Employer Confidential Information - What to do when you receive confidential documents," presenter, Stokes Lawrence Employment Law Institute CLE (August 2014)
- "Migrating Executives," co-presenter with Carolyn Cairns, Stokes Lawrence Employment Law Institute Client Workshop (August 2014)
- "Overview of Confidentiality, Non-Compete, and Non-Solicitation Agreements" and "Information Disclosure Issues," presenter at Sterling Education seminar "Hiring and Terminating: The Ins and Outs of Employment Law" (November 2013)
- "The In-Between: Keeping Good Records" co-presenter with Aviva Kamm at Sterling Education seminar "Hiring and Terminating: The Ins and Outs of Employment Law" (November 2013)
- "The Year in Review: Developments in State Appellate Decisions in Employment Law," co-presenter with Carolyn Cairns, WSBA Annual Employment Law Institute (1993 - 2013)
- "Observations and Recent Appellate Developments in Washington State Employment Law," presenter, WSBA Annual Labor & Employment Law Conference (2000 - 2013)
- "The Disjointed Doctrine of the Handbook Exception to Employment at Will: A Call for Clarity Through Contract Analysis," author, 34 Gonz. L. Rev. 445, Author (1999-2000)
Professional & Community Activities
- Hearing Officer for Lawyer Discipline, Washington State Bar Association
- Chair, Amicus Committee, Washington State Association for Justice Foundation
- Former Member, Board of Directors, Therapeutic Health Services
- Member, Executive Committee of Labor and Employment Law Section, WSBA (2007-2009); Chair (2009)
Background & Interests
Kelby served as a law clerk to the Hon. Morell E. Sharp, U.S. District Judge for the Western District of Washington (1974-1976). He enjoys travel in South America and Europe; hiking in Olympic National Park; urban hikes in Seattle; photography.