When Sun Tzu wrote "The Art of War" in the sixth
century B.C., he probably wasn't thinking about how his advice
would apply to employment law litigation in the 21st century, but
he might as well have. One of his most famous quotes from that epic
military treatise is "Those who wish to fight must first count
the cost." A recent example from Washington state shows the
value of following this sage advice.
The Field Of Battle
Andrew Fiore worked for PPG Industries for a relatively brief
period of time, roughly nine months, in 2009. He was employed
as a Territory Manager, which called for him to service retail
stores throughout Washington and Oregon, assisting in the selling
of paint and paint products for PPG. His actual job involved him
managing color samples at the paint counter of these retail stores,
including rotating stock, building displays, and performing manual
labor. His job also called for him to directly interact with the
customers and contractors who were
