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Overview

Jared Van Kirk practices in the area of labor and employment. As a counselor on complex federal and state laws and regulations, Jared provides his clients with advice and training concerning best practices for increasing legal compliance and avoiding disputes. Jared's expertise includes untangling the network of federal and state laws that guarantee employees family and medical leave and disability accommodation.  Jared frequently addresses employers’ concerns about employee drug use, drug testing in the workplace, and is a member of the Cannabis Practice Group. Jared represents employers in disputes arising out of collectively bargained labor agreements and represents employers in labor arbitrations and against unfair labor practice charges. 
 
As a litigation attorney, Jared has resolved cases in state, federal, and administrative courts through settlement, summary resolution, and trial. He actively counsels his clients about realistic litigation positions, strategy appropriate to client goals, and settlement opportunities. Jared’s practice includes regularly defending companies against allegations of discrimination, harassment, unfair labor practice charges, and other workplace disputes.  In addition, Jared has prosecuted substantial litigation of patent, trademark/trade dress, and other commercial disputes.

Jared received his law degree from Harvard Law School and was a clerk for The Honorable Jerome Farris of the United States Court of Appeals for the Ninth Circuit. Prior to practicing law, Jared received his degree in Human Biology from Stanford University and engaged in genetic research concerning human evolution and complex diseases.

Representative Matters:

  • Litigation claims: Discrimination and harassment on the basis of religion and national origin; constructive discharge; intentional infliction of emotional distress. Plaintiff was seaman who was Muslim and of Yemeni origin.  Plaintiff alleged unlawful harassment and threats of violence by his direct supervisor.  Plaintiff alleged that he complained to the ship’s captain, and that as a result he was forced to resign. Plaintiff demanded $120,000 in compensatory and emotional distress damages at mediation.  Settlement at mediation for $19,500.00 with a non-specific letter of apology (proposed by client).
  • Litigation claims: Department of Labor Fair Labor Standards Act minimum wage and overtime action in federal court on behalf of numerous employees provided to employer by contract labor agency. The Department of Labor suit individually named the former owner of the now-defunct employer and alleged that the former owner was a statutory employer liable for unpaid wages based on his alleged knowledge of labor contracts providing for insufficient wages and of the employer’s pay practices.  DOL originally claimed $233,000 in unpaid wages and double damages.  Based on a strong defense to individual liability a favorable consent judgment was negotiated.
  • Litigation claims: Discrimination and harassment on the basis of sexual orientation, and retaliation, under Washington State law. Plaintiff alleged unlawful discrimination, harassment, and retaliation by her direct supervisor.  Summary judgment was originally awarded to supervisor and employer on all claims.  After an appeal in which Plaintiff’s unlawful harassment claim was reinstated, that claim was settled at mediation for a small fraction of the Plaintiff’s $1,000,000 demand.

Experience

Experience

Blog Posts

Blog Posts

News & Insights

Speaking Engagements

Admissions

  • Washington, 2005
  • U.S. Court of Appeals, 9th Circuit, 2006
  • U.S. District Court, Western District of Washington, 2006
  • U.S. Court of Federal Claims, 2007
  • U.S. Court of Appeals, Federal Circuit, 2010

Education

Harvard Law School, J.D., cum laude, 2005

  • Managing Editor, Harvard International Law Journal
  • Best Brief, First Year Moot Court Competition

Stanford University, B.A., Human Biology, with distinction, 2000

  • Phi Beta Kappa

Honors | Recognitions

  • Named by peers as one of Washington's "Rising Stars" in Super Lawyers, 2011-2012 and 2015-2016 
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