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MORGAN v. KINGEN

No. 57938-0-I.

169 P.3d 487 (2007)

Eufemia "Emma" MORGAN, Nancy Pitchford, and Daniel McGillivray, individually and on behalf of all the members of the class of persons similarly situated, Respondents, v. Gerald KINGEN and Jane Doe Kingen, husband and wife and the marital community comprised thereof, and Scott Switzer and Jane Doe Switzer, husband and wife and the marital community comprised thereof, Appellants.

Court of Appeals of Washington, Division 1.

October 8, 2007.

Attorney(s) appearing for the Case

William Keller McInerney Jr., WK McInerney PLLC, Seattle, WA, for Appellants.

Claudia Kilbreath, Short Cressman & Burgess PLLC, Seattle, WA, for Respondents.

COX, J.

¶ 1 A critical test in an action for unpaid wages under RCW 49.52.070 is whether the employer's failure to pay wages is "willful."1 Whether the failure to pay wages is "willful" turns on whether the employer's refusal to pay is volitional: whether "the [employer] knows what he is doing, intends to do what he is doing, and is a free agent."2 A failure to pay wages for financial reasons is not recognized...

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