Kelby D. Fletcher

Admissions

• 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)

Education

• 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 - 2025 inclusive)
• Washington Super Lawyers (2003 - 2024, 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)

Representative Work

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

• "The Lawfulness and Awfulness of Employee Non-Solicitation Agreements," author, Washington State Bar Association, NW Lawyer (September 2021)
• "Observations and Recent Appellate Developments in Washington State Employment Law," presenter, Washington State Bar Association 20th Annual Labor & Employment Law Section CLE (November 2020)
• "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, 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, Employment Law Institute CLE, King County Bar Association (September 2015)
• "Department of Labor Plans Overtime Overhaul," co-author, 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, 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.