Spring 2008 SBH Quarterly Newsletter
PDF FormatState Employment Update: Washington Courts
Court allows evidence of illegal work status to mitigate claim for lost wages.
Employee Salas suffered an injury at a worksite where he performed construction duties for Hi Tech Erectors. Salas sued the employer for violating Washington safety rules. The court found the employer had violated the law and then presented to a jury the questions of causation and damages. Salas filed a motion to exclude evidence about his undocumented status. The court acknowledged that in certain settings–such as criminal trials–evidence on immigration status was highly prejudicial. However, the court noted Salas sought future lost wages in the litigation. The undocumented status affected the likelihood of future earnings. It said Salas could not have it both ways. He could either forego any claim for future wages or make the claim and open the door for evidence on his immigration status. Evidence on immigration status was presented. A jury found employer negligent but found that negligence did not cause Salas’s injuries. Salas v. Hi-Tech Erectors, 177 P3d 769 (Wash.App. Div. 1 2008).
<< Newsletter Page