Reninger v. Washington

Order ON MOTION FOR RECONSIDERATION: AMENDING OPINION AND DENYING RECONSIDERATION WHEREAS, Respondents moved for reconsideration of our opinion in the above referenced matter entered on August 29, 1995; and WHEREAS, we find merit in Respondents' claim that the opinion erroneously stated that the trial court admitted the Employment Security Department decision at trial and, accordingly, amend the opinion by replacing pages 16 through 18 with amended pages 16 through 21 as set forth in the attached amended opinion; and WHEREAS, we reject Respondents' further contention that Appellants did not preserve the issue regarding the admissibility of the Personnel Appeal Board process; and WHEREAS, Respondents' final issue -- that RCW 50.32.097 is not applicable because the statute only applies to actions between employers and employees -- is not timely because Respondents raise it for the first time in their motion for reconsideration; Accordingly, it is Ordered that the opinion is amended as shown on the attached amended opinion and Respondents' motion for reconsideration is denied in all other respects. DATED this 1st day of November, 1995.