Jennifer S. Divine

Representative Experience

• Employment Litigation & Dispute Resolution Plus

  • Defended large community nonprofit in Seattle in a lawsuit alleging discrimination and retaliation by agency board and executive director. 

  • Obtained dismissal of lawsuit alleging violations of restrictive covenants contained in sale of client’s business to out-of-state employer.

  • Represented a multistate employer in federal lawsuit alleging gender and marital status discrimination.

  • Defended a professional services corporation in shareholder termination suit.

  • Negotiated an EEOC conciliation agreement for a multinational environmental remediation company facing charges of national origin discrimination.

  • Defended a Seattle employer in a Department of Labor and Industries audit involving the alleged misclassification of independent contractors.

  • Advised a federal contractor through an OFCCP audit and successful completion of the compliance monitoring period.

  • Represented chief medical officer of pharmaceutical company in complicated multistate arbitration in breach of contract case involving failure to vest restricted stock awards and stock options, resulting in a large monetary award to client.

  • Represented executives in severance dispute resulting from division of closely held family business, resulting in six-figure judgments for each client at trial, and affirmance of judgment by appellate court.

  • Defended numerous public and private employers against discrimination and retaliation charges filed with the EEOC, WHRC and local municipal civil rights commissions, and against wage and hour claims filed with the United States Department of Labor and the Washington State Department of Labor and Industries.

• Employment Advice & Counseling Plus

  • Regularly draft offer letters, employment contracts, severance agreements and a variety of other employment documents for businesses of all types and sizes.

  • Assisted owners of financial planning group in negotiating employment agreements and restrictive covenant provisions involved in sale of business.

  • Represented large Northwest social services agency through acquisition of assets and programs of another local nonprofit, including transition of employees to new employer.

  • Assisted young female executive in negotiating an early release from a restrictive covenants agreement with her former employer and successfully launching her own public health consulting business.

  • Advised Canadian company on expansion into Washington state, including assisting with hiring issues and drafting agreements for initial employees

  • Supported an aircraft manufacturer through reduction-in-force planning and implementation of layoffs for affected employees.

  • Assisted a manufacturing client with development and implementation of its DOT-compliant drug-testing policy and practices.

  • Conducted numerous agency-ordered and voluntary trainings for public and private employers on various employment law issues.

• Education—Litigation & Dispute Resolution Plus

  • Defended private university against claims from former students alleging race discrimination and harassment by faculty member.

  • Represented public university in lawsuit involving unpaid compensation claims from former faculty member. Successfully obtained dismissal based on faculty member’s failure to exhaust administrative remedies. Later upheld by appellate court.

  • Defended public university through internal grievance process involving faculty member’s challenge to unfavorable rating from department chair and claims of inadequate incentive compensation.

  • Defended a public university through an internal grievance process involving ongoing retaliation and harassment claims by a current employee.

  • Represented private college in lawsuits alleging responsibility for sexual abuse by former member of affiliated entity, resulting in settlements on favorable terms and dismissal of client prior to trial.

  • Defended public school district in lawsuit alleging wrongful termination by provisional teacher, resulting in summary judgment for district, later upheld by the appellate court.

  • Defended public school district in lengthy grievance arbitration challenging teacher’s non-renewal, resulting in arbitration award upholding district decision. Affirmed and upheld on appeal.

  • Defended school district against unfair labor practice charges filed with the Washington Public Employment Commission by terminated teacher, resulting in dismissal of charges by hearing examiner. Later affirmed on appeal to the full commission.

• Education—Advice & Compliance Issues Plus

  • Regularly draft employment agreements and appointment letters, and advise on deferred compensation plans and other employment issues for senior administrators and faculty members.

  • Regularly review employee and student handbooks and advise on policy development and implementation

  • Assisted private universities in developing COVID-19 response plans, handling staff and student complaints, and implementing successful return to campus strategies.

  • Advised private university through staff reduction-in-force process, including disparate impact analysis and resulting layoff adjustments and disclosures.

  • Assisted private university in planning for potential salary reductions or layoffs of tenured and tenure-track faculty in response to budget crisis.

  • Advised private secondary school on state law reporting obligations for complaint of student-on-student involuntary sexual contact and assisted school administrators through interactions with law enforcement, students, families, and legal representatives.

  • Guided a private university through first union-organizing campaign, including representation proceedings before the NLRB.

  • Represented private university in OCR investigation of complaint brought by student claiming disability discrimination in field placement process.

  • Advised private university on financial exigency, program closure and teach-out issues, and assisted in implementing reorganization and reduction in force of affected staff members.