Benjamin Stone

Partner

Benjamin.Stone@lewisbrisbois.com

Benjamin Stone is the administrative partner in the Seattle office of Lewis Brisbois. With over 30 years of legal experience, Mr. Stone also serves as the Pacific Northwest regional vice chair of the Labor & Employment practice. With his practice focused primarily on employment-related claims, he defends cities, public agencies, corporations and other employers against employment-related claims under federal and state law. Mr. Stone has handled matters in Washington State federal and state courts, in arbitration, and before the Equal Employment Opportunity Commission (EEOC), the Department of Labor, the Washington State Human Rights Commission, and the Seattle Office for Civil Rights. His experience includes defending clients against administrative charges as well as individual and class action lawsuits asserting claims of employment discrimination based on such protected classifications as age, gender, race, and disability; lawsuits alleging hostile work environment and harassment; and actions alleging retaliation, whistleblowing, and wage and hour violations. In addition, Mr. Stone represents landlords, property managers, restaurants, and other places of public accommodation against federal and state law claims of disability discrimination and violation of the fair housing laws.

Primary Area(s) of Practice

  • Labor & Employment
  • Wage & Hour Class Actions

Additional Experience

Admissions

New York

Washington

Western District of Washington

Eastern District of Washington

Ninth Circuit Court of Appeals in Washington

Southern District of New York

Eastern District of New York

Second Circuit Court of Appeals in New York

Awards & Honors

  • “Best Lawyers in America,” Litigation - Labor and Employment 2024-2026
  • Elected "Super Lawyer" for 2014, 2015, and 2016 for Employment Litigation Defense by Washington Law and Politics
  • Rating of "10", Superb on Avvo for Employment Litigation Defense

Professional Presentations

  • Washington Employment Law Hot Topics, Annual Meeting of the Washington Cities Insurance Authority, October 17, 2025.
  • Trends in the Pacific Northwest, Lewis Brisbois Bisgaard & Smith LLP CLE webinar, July 29, 2025.
  • How to Handle a Whistleblower Complaint, Navigating the Legal and Ethical Minefield, Washington Cities Insurance Authority seminar at the Washington State Association of Municipal Attorneys semi-annual conference, April 23, 2025.
  • Hot Topics in Washington Employment Law, Lewis Brisbois Bisgaard & Smith LLP CLE webinar, August 15, 2024.
  • FCRA and CPA Settlements with the AGs': What Data Furnishers Need to Know, Annual Meeting of the Washington and Idaho Collectors Associations, May 13, 2016.
  • Arbitration: The “Hole in One” Defense to Consumer Class Actions? Annual Meeting of the Washington Collectors Association, June 5, 2015.
  • FAQS/or Employers: Handling Leave and Accommodation Requests by "Disabled" Employees Under the ADA, WLAD, and FMLA, Spring Conference, Washington Counties Risk Pool, April 2014.
  • Created and moderated roundtable for the ABA entitled Use of Technology During Openings and Closings in March 2013.
  • TCPA Update, Consumer Finance Seminar, American Conference Institute, Chicago, July 28, 2011.
  • Presented seminar at annual convention of Washington Collectors Association entitled TCPA: Individual and Class Action Exposure, May 21, 2010.
  • Presented at seminar to ACA International, Inc. entitled TCP A Tips: The Law, Class Action Trends, and Defense Strategies, May 11, 2010.

Education

Brooklyn Law School

Juris Doctor, 1995

  • Dean's List
  • Dean's Academic Achievement Scholarship
  • Managing Editor, Brooklyn Journal of International Law

Representative Cases

  • In 2024, a former police officer threatened to sue Mr. Stone’s client, a police department, for wrongful termination, alleging he was a whistleblower who was terminated for complaining about a lack of backup for patrol officers. Mr. Stone secured video footage showing the police officer tasing a fleeing suspect from behind, in violation of police department policy. Mr. Stone identified other instances in which the police officer violated department policy by using excessive force and making solo arrests. Mr. Stone successfully argued that the officer’s termination was for a pattern of violations of department policy, including repeated instances of excessive use of force, rather than for complaints. Mr. Stone secured a highly favorable nuisance settlement for the police department, and the police department avoided a lawsuit from the officer.
  • In 2023, a former employee threatened to sue Mr. Stone’s client, a city, for defamation and tortious interference, after the city provided the former employee with a negative job reference, which resulted in the withdrawal of a job offer. Following Mr. Stone’s diligent legal analysis of the claims, Mr. Stone informed the former employee that all of his claims were barred under Washington’s employment at-will doctrine and by a release signed by the former employee waiving claims against past employers who provided job references. The former client withdrew the claims.
  • In 2022, the former Human Resources Director sued Mr. Stone’s client, a city, alleging that she was terminated for allegedly reporting improper conduct by the city’s police chief. Mr. Stone conducted an exhaustive investigation and unearthed numerous examples in which the former Human Resources Director either failed to perform her job duties or, if she did, performed them incorrectly. Mr. Stone demanded the Human Resources Director’s deposition before the Human Resources Director had the opportunity to conduct discovery and come up with excuses for her failed performance. Following a highly successful deposition, during which the Human Resources Director could not explain her performance deficiencies, the Human Resources Director settled for a purely nuisance sum.
  • In 2020, a former sheriff’s deputy sued Mr. Stone’s client, a county sheriff, alleging he was terminated for supporting the sheriff’s opponent in an election. Mr. Stone secured summary judgment dismissal of most of the deputy’s claims on the grounds that the claims were barred by the doctrines of claim and issue preclusion because an arbitrator had previously found just cause for the deputy’s termination. The remaining claims were tried, and Mr. Stone convinced the court that the deputy was terminated for using his badge for personal gain, resulting in a complete defense verdict for Mr. Stone’s client.
  • Mr. Stone has represented numerous clients and resolved claims alleging violations of the wage transparency provisions of Washington’s Equal Pay and Opportunities Act.
  • Mr. Stone represented a major nursing home company in an age discrimination case brought by a manager who had worked for the company for 26 years and was replaced by someone half her age. Mr. Stone conducted limited discovery and filed a motion for summary judgment citing, among other evidence, the plaintiff’s admission during her deposition that she did not know why she was fired. Rather than defend the motion, the plaintiff voluntarily agreed to dismiss the case with prejudice.
  • In 2015, Mr. Stone was retained to defend an employer in a non-compete case after a temporary restraining order was issued against the employer and on the eve of a hearing for a motion for a preliminary injunction. Over one weekend, Mr. Stone assembled an extensive set of opposition papers and, following a hearing, he obtained an order denying the motion for the preliminary injunction, dissolving the TRO, and awarding fees to Mr. Stone’s client.
  • In 2015, in a published opinion, Division II of the Court of Appeals affirmed a lower court's dismissal of state law employment claims against Mr. Stone's client, which owned a restaurant on a military base, based on his argument that the constitutional "federal enclave" doctrine barred those claims.
  • In 2014, Mr. Stone obtained summary judgment dismissal of a public-accommodation disability discrimination case against his client, which owns a McDonald's restaurant in Tacoma, based on the plaintiff's alleged inability to use the bathroom due to a disability.
  • In 2014, Mr. Stone obtained a "no cause" finding from the Seattle Office for Civil Rights of a claim of race discrimination against his client, an owner of a large motel in Seattle.
  • In 2012, Mr. Stone obtained a "no cause" finding from the EEOC in a hotly contested charge of sexual harassment and retaliation brought by a former female employee of his client.
  • In 2011, Mr. Stone obtained summary judgment dismissal of federal employment and civil-rights claims by a City of Tacoma employee against her supervisors, a police officer, and the City of Tacoma based on their actions following a report that the employee threatened to kill herself and her supervisor.
  • In 2009, Mr. Stone obtained summary judgment dismissal of retaliation claims by an employee who alleged he was terminated because he filed a worker's compensation claim, successfully arguing that instead he was terminated pursuant to the employer's zero tolerance drug policy and because he failed a pre-employment drug test. The dismissal was affirmed on appeal by the Washington Court of Appeals, Division One. Mullins v. Fisher Companies, 148 Wn. App. 1023 (2009).

Publications

  • Washington Law End of Year Updates, Lewis Brisbois Bisgaard & Smith Newsletter.
  • Founder and Author, Washington Job Law Blog: A Blog Addressing Critical Employment Law Issues and Developments in Washington by Seattle Attorney Ben Stone, available at www.wajob-law-blog.typepad.com.
  • Habit and Routine-Practice Evidence - An Exception to the Bar Against Proof of Character, American Bar Association, Trial Practice Newsletter, Sept. 4, 2015, available at: http://apps.americanbar.org/litigation/committees/trialpractice/articles/summer2014-0914-habitand-routine-practice-evidence.html
  • As subcommittee chair of the ABA Trial Practice Committee, Mr. Stone oversees the publication of a series of podcasts authored by trial practice experts entitled, "Trial of the Case, from A to Z."
  • Spoliation and Facebook: Don't Toss that "Page" During Litigation, American Bar Association, Trial Practice Newsletter, Fall 2013, Vol. 28, No. 1.
  • Avoiding the ES! Minefield on the March to Trial, American Bar Association, Trial Evidence Newsletter, Summer 2013, Vol. 21, No. 2.
  • Refining What is a Loss Under Washington D&O Policies, posted June 6, 2012, in Expert Analysis, Employment Law360.
  • Staying off the Hook for TCPA Claims, Corporate Counselor Magazine, published December 1, 2010.
  • Curbing an Employee Misclassification Mistake, posted October 1, 2010, by Risk and Insurance Magazine.
  • Stay off the Hook for TCPA Claims, posted October 1, 2010, by Corporate Counsel on its website.
  • D&O Policies in Bankruptcy - Delaware Bankruptcy Court Rules that Directors and Officers May Access Eroding Policy Notwithstanding Company's Bankruptcy Filing, Cozen O'Connor Alert, May 1, 2010.

Appointments

  • Subcommittee Chair for Sound Advice Content, Trial Practice Committee of the American Bar Association.
  • 2010-2011 Subcommittee Chair, Special Topics, Pacific Coast Labor and Employment Law Conference.
  • 2009-2011 Vice President and Member at Large, Kol HaNeshamah, a Reform Synagogue in Seattle.