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

Citation: Wash. Court of Appeals published opinion — 387844_pub.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/387844_pub.pdf ↗

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The State also notes that Mr. Elgiadi’s discrimination claim had been dismissed
on summary judgment. The dismissal of this claim is irrelevant. Unlawful retaliation
may be proved regardless of the success of the underlying discrimination claim. See Ellis
v. City of Seattle, 142 Wn.2d 450, 461, 13 P.3d 1065 (2000) (“[A] reasonable belief by
the employee, rather than an actual unlawful employment practice, is all that need be
proved to establish a retaliation claim.”) (citing Moyo v. Gomez, 40 F.3d 982, 985 (9th
Cir. 1994))).

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

No. 38784-4-III
Elgiadi v. Wash. State Univ.

Id. at 182-85. A closer review of Helgeson will elucidate this rule.

Fire Chief Melvin Helgeson worked for the city of Marysville before being

discharged for cause. Id. at 176. Two days later, he applied for Law Enforcement

Officers’ and Fire Fighter’s Retirement System (LEOFF) I duty disability retirement

benefits pursuant to chapter 41.26 RCW. Id. His application was based on injuries he

sustained while working as a firefighter. Id. The county disability board granted

Helgeson a disability retirement allowance and Marysville appealed to the LEOFF board

and then to superior court. Id. The parties entered into a settlement agreement whereby

Marysville dropped its appeal of his disability retirement in exchange for Helgeson

agreeing to waive payment of any medical benefits by Marysville under RCW 41.26.150.

Id. at 177. A few years later, Helgeson’s health deteriorated and he brought suit to have

his waiver of medical benefits declared void in violation of public policy. Id. at 180. His

argument relied on Vallet v. City of Seattle, 77 Wn.2d 12, 459 P.2d 407 (1969).