wrongful discharge claim (Oregon) · Go Syfert
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wrongful discharge claim in Oregon

40 Oregon opinions name it 2 courts 1984–2025 6 in the last five years

The cases below were cited by Oregon courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (20)

CaseFollowedCited
Delaney v. Taco Time International, Inc.green
or · 1984 · cited in 6 Oregon opinions naming this issue, 1994–2021
2 sentences

2021Id. at 14 . 774 Walker v. Oregon Travel Information Council To explain its holding, the court described its wrongful discharge cases to that point as falling into “three general categories”: (1) a case like Nees, which the court described as involving a plaintiff who “was discharged for fulfilling a societal obligation”; (2) cases in which the plain- tiff pursued a private statutory right, like Campbell and Brown, with the plaintiff in Brown establishing a wrongful discharge claim because the right pursued “related directly to the plaintiff’s role as an employee” and the statute “was legislati

2021Id. at 14 . 774 Walker v. Oregon Travel Information Council To explain its holding, the court described its wrongful discharge cases to that point as falling into “three general categories”: (1) a case like Nees, which the court described as involving a plaintiff who “was discharged for fulfilling a societal obligation”; (2) cases in which the plain- tiff pursued a private statutory right, like Campbell and Brown, with the plaintiff in Brown establishing a wrongful discharge claim because the right pursued “related directly to the plaintiff’s role as an employee” and the statute “was legislati

26
McQuary v. Bel Air Convalescent Home, Inc.green
orctapp · 1984 · cited in 3 Oregon opinions naming this issue, 2006–2015
2 sentences

2015McQuary, 69 Or App at 111-12 .

2006See 69 Or App at 111 n 5.

23
Ossanna v. Nike, Inc.green
orctapp · 2018 · cited in 2 Oregon opinions naming this issue, 2025–2025
2 sentences

2025See Ossanna v. Nike, Inc., 290 Or App 16, 28 , 415 P3d 55 (2018), aff’d, 365 Or 196 , 445 P3d 281 (2019) (noting previous cases in employment-re- taliation context that required proof that the employee’s protected activity was a substantial factor in the employer’s adverse decision); see also Estes v. Lewis and Clark College, 152 Or App 372, 381 , 954 P2d 792 , rev den, 327 Or 583 (1998) (articulating the same requirement for common-law wrongful-discharge claim). “[T]o be a substantial factor, the employer’s wrongful purpose must have been a factor that made a difference in the discharge decis

2025See Ossanna v. Nike, Inc., 290 Or App 16, 28 , 415 P3d 55 (2018), aff’d, 365 Or 196 , 445 P3d 281 (2019) (noting previous cases in employment-re- taliation context that required proof that the employee’s protected activity was a substantial factor in the employer’s adverse decision); see also Estes v. Lewis and Clark College, 152 Or App 372, 381 , 954 P2d 792 , rev den, 327 Or 583 (1998) (articulating the same requirement for common-law wrongful-discharge claim). “[T]o be a substantial factor, the employer’s wrongful purpose must have been a factor that made a difference in the discharge decis

22
Ossanna v. Nike, Inc.green
or · 2019 · cited in 2 Oregon opinions naming this issue, 2025–2025
2 sentences

2025See Ossanna v. Nike, Inc., 290 Or App 16, 28 , 415 P3d 55 (2018), aff’d, 365 Or 196 , 445 P3d 281 (2019) (noting previous cases in employment-re- taliation context that required proof that the employee’s protected activity was a substantial factor in the employer’s adverse decision); see also Estes v. Lewis and Clark College, 152 Or App 372, 381 , 954 P2d 792 , rev den, 327 Or 583 (1998) (articulating the same requirement for common-law wrongful-discharge claim). “[T]o be a substantial factor, the employer’s wrongful purpose must have been a factor that made a difference in the discharge decis

2025See Ossanna v. Nike, Inc., 290 Or App 16, 28 , 415 P3d 55 (2018), aff’d, 365 Or 196 , 445 P3d 281 (2019) (noting previous cases in employment-re- taliation context that required proof that the employee’s protected activity was a substantial factor in the employer’s adverse decision); see also Estes v. Lewis and Clark College, 152 Or App 372, 381 , 954 P2d 792 , rev den, 327 Or 583 (1998) (articulating the same requirement for common-law wrongful-discharge claim). “[T]o be a substantial factor, the employer’s wrongful purpose must have been a factor that made a difference in the discharge decis

22
Estes v. Lewis and Clark Collegegreen
orctapp · 1998 · cited in 2 Oregon opinions naming this issue, 2025–2025
2 sentences

2025See Ossanna v. Nike, Inc., 290 Or App 16, 28 , 415 P3d 55 (2018), aff’d, 365 Or 196 , 445 P3d 281 (2019) (noting previous cases in employment-re- taliation context that required proof that the employee’s protected activity was a substantial factor in the employer’s adverse decision); see also Estes v. Lewis and Clark College, 152 Or App 372, 381 , 954 P2d 792 , rev den, 327 Or 583 (1998) (articulating the same requirement for common-law wrongful-discharge claim). “[T]o be a substantial factor, the employer’s wrongful purpose must have been a factor that made a difference in the discharge decis

2025See Ossanna v. Nike, Inc., 290 Or App 16, 28 , 415 P3d 55 (2018), aff’d, 365 Or 196 , 445 P3d 281 (2019) (noting previous cases in employment-re- taliation context that required proof that the employee’s protected activity was a substantial factor in the employer’s adverse decision); see also Estes v. Lewis and Clark College, 152 Or App 372, 381 , 954 P2d 792 , rev den, 327 Or 583 (1998) (articulating the same requirement for common-law wrongful-discharge claim). “[T]o be a substantial factor, the employer’s wrongful purpose must have been a factor that made a difference in the discharge decis

22
Holien v. Sears, Roebuck and Co.green
or · 1984 · cited in 7 Oregon opinions naming this issue, 1986–2020
2 sentences

2020Compare Delaney v. Taco Time Int’l., 297 Or 10, 16 , 681 P2d 114 (1984) (“[W]here an adequate existing remedy protects the inter- ests of society[,] * * * an additional remedy of wrongful dis- charge will not be accorded.”) with Holien v. Sears, Roebuck and Co., 298 Or 76 , 689 P2d 1292 (1984) (an employee discharged for resisting sexual harassment may bring a wrongful discharge claim, “unless the provisions of ORS chapter 659 demonstrate the legislature’s intent not only to provide what it considered to be adequate remedies to an employe[e] such as plaintiff, but by implication show a legis-

2020Compare Delaney v. Taco Time Int’l., 297 Or 10, 16 , 681 P2d 114 (1984) (“[W]here an adequate existing remedy protects the inter- ests of society[,] * * * an additional remedy of wrongful dis- charge will not be accorded.”) with Holien v. Sears, Roebuck and Co., 298 Or 76 , 689 P2d 1292 (1984) (an employee discharged for resisting sexual harassment may bring a wrongful discharge claim, “unless the provisions of ORS chapter 659 demonstrate the legislature’s intent not only to provide what it considered to be adequate remedies to an employe[e] such as plaintiff, but by implication show a legis-

17
Babick v. Oregon Arena Corp.green
or · 2002 · cited in 3 Oregon opinions naming this issue, 2018–2021
2 sentences

2021Babick, 333 Or at 409 .

2020Cite as 305 Or App 288 (2020) 307 Our courts have recognized two bases for a wrong- ful discharge claim: (1) “when the discharge is for exercising a job-related right that reflects an important public policy” and (2) “when the discharge is for fulfilling some import- ant public duty[.]” Babick, 333 Or at 407 (citations omitted).

13
Sheets v. Knightgreen
or · 1989 · cited in 3 Oregon opinions naming this issue, 1991–1993
2 sentences

1993See Sheets v. Knight, 308 Or 220, 236 , 779 P2d 1000 (1989). *155 We agree only in part. 5 Plaintiffs allegations give rise to a reasonable inference that defendant, knowing that it had no reasonable basis for believing that plaintiff was involved in the theft of defendant’s drug inventory, initiated an accusation of theft, encouraged the sheriffs investigation of her and made a request that she be arrested, all because she was insisting that defendant comply with the administrative rules.

1992Stenbock also argues that the summary judgment was appropriate, because Christman was an at-will employee and because Stenbock was the officer who had the authority to hire and fire. 2 Stenbock argues that Christman, who does not assert a wrongful discharge claim against RMS, see Sheets v. Knight, 308 Or 320 , 779 P2d 1000 (1979), is using an intentional interference claim against him to camouflage his real target, which is RMS.

13
Vergara v. Patelgreen
orctapp · 2020 · cited in 2 Oregon opinions naming this issue, 2020–2021
2 sentences

2021Nor do we understand ORS 659A.199—which defen- dant pointed to in the trial court and plaintiff contends was the basis for the trial court’s ruling—to provide a 5 “Our courts have recognized two bases for a wrongful discharge claim: (1) when the discharge is for exercising a job-related right that reflects an import- ant public policy and (2) when the discharge is for fulfilling some important pub- lic duty.” Vergara, 305 Or App at 307 (internal quotation marks and brackets omitted).

2020In Walsh, notwithstanding its acknowledgment that “the community has a strong interest in maintain- ing safe working conditions[,]” the court determined that the employee (a dockworker who had been discharged for Cite as 305 Or App 288 (2020) 303 complaining to his supervisors about workplace safety viola- tions) could not pursue a wrongful discharge claim, because he already had “a remedy under existing law for his wrong- ful discharge.” 278 Or at 351 .

12
Love v. Polk County Fire Districtgreen
orctapp · 2006 · cited in 1 Oregon opinions naming this issue, 2021–2021
2 sentences

2021See also Love v. Polk County Fire District, 209 Or App 474, 486 , 149 P3d 199 (2006) (noting the “public duty” supporting a wrongful discharge claim “may be found through cases, statutes, rules, or constitutional provisions that either (1) specifically encourage or require a particular action or (2) otherwise demon- strate that such action enjoys high social value” (internal quotation marks and brackets omitted)).

2021See also Love v. Polk County Fire District, 209 Or App 474, 486 , 149 P3d 199 (2006) (noting the “public duty” supporting a wrongful discharge claim “may be found through cases, statutes, rules, or constitutional provisions that either (1) specifically encourage or require a particular action or (2) otherwise demon- strate that such action enjoys high social value” (internal quotation marks and brackets omitted)).

11
Westwood Corp., Developers & Contractors v. Bowengreen
orctapp · 1991 · cited in 1 Oregon opinions naming this issue, 2021–2021
2 sentences

2021See Westwood Corp. v. Bowen, 108 Or App 310, 318 , 815 P2d 1282 (1991) (rejecting similar challenge under Article VII (Amended), section 3; explaining that constitutional jury-trial provisions, pertaining to actions at law, do not apply to statutory claims tried as in equity to the court; and stating, “The court did not reexamine a finding in an action at law; it made a separate finding in an equi- table proceeding in which the jury’s finding enjoyed no con- stitutional insulation and to which its finding was legally irrelevant.”).

2021See Westwood Corp. v. Bowen, 108 Or App 310, 318 , 815 P2d 1282 (1991) (rejecting similar challenge under Article VII (Amended), section 3; explaining that constitutional jury-trial provisions, pertaining to actions at law, do not apply to statutory claims tried as in equity to the court; and stating, “The court did not reexamine a finding in an action at law; it made a separate finding in an equi- table proceeding in which the jury’s finding enjoyed no con- stitutional insulation and to which its finding was legally irrelevant.”).

11
Hall v. Stategreen
orctapp · 2015 · cited in 1 Oregon opinions naming this issue, 2021–2021
2 sentences

2021In fact, even after Deatherage, we have contin- ued to recognize a common-law cause of action for wrong- ful discharge when “an employer discharges an employee for such a socially undesirable motive that the employer must respond in damages for any injury done,” Nees, 272 Or at 218 , but no statute provides an adequate statutory 496 Rohrer v. Oswego Cove, LLC remedy.5 See, e.g., De Bay v. Wild Oats Market, Inc., 244 Or App 443, 449-52 , 260 P3d 700 (2011) (reversing dismissal of common-law wrongful discharge claim alleging employer retaliated against employee for making complaints concern- ing

2021In fact, even after Deatherage, we have contin- ued to recognize a common-law cause of action for wrong- ful discharge when “an employer discharges an employee for such a socially undesirable motive that the employer must respond in damages for any injury done,” Nees, 272 Or at 218 , but no statute provides an adequate statutory 496 Rohrer v. Oswego Cove, LLC remedy.5 See, e.g., De Bay v. Wild Oats Market, Inc., 244 Or App 443, 449-52 , 260 P3d 700 (2011) (reversing dismissal of common-law wrongful discharge claim alleging employer retaliated against employee for making complaints concern- ing

11
Stupek v. Wyle Laboratories Corp.green
or · 1998 · cited in 1 Oregon opinions naming this issue, 2013–2013
11
Sieverson v. Allied Stores Corp.green
orctapp · 1989 · cited in 1 Oregon opinions naming this issue, 2007–2007
11
Dymock v. Norwest Safety Protective Equipment for Oregon Industry, Inc.green
or · 2002 · cited in 1 Oregon opinions naming this issue, 2006–2006
11
Carlson v. Crater Lake Lumber Co.green
orctapp · 1990 · cited in 1 Oregon opinions naming this issue, 1999–1999
11
Martin Marietta Corp. v. Lorenzgreen
colo · 1992 · cited in 1 Oregon opinions naming this issue, 1998–1998
11
Peterson v. Templegreen
or · 1996 · cited in 1 Oregon opinions naming this issue, 1998–1998
11
Rosboro Lumber Company v. Employee Benefits Insurance Companygreen
or · 1984 · cited in 1 Oregon opinions naming this issue, 1984–1984
11
Johnson v. Employment Divisiongreen
orctapp · 1984 · cited in 1 Oregon opinions naming this issue, 1984–1984
11

Distinguished, questioned or overruled (1)

CaseNegativeCited
Delaware State College v. Ricksgreen
scotus · 1980 · cited in 1 Oregon opinions naming this issue, 1998–1998
11

Also cited on this issue (39)

CaseCitedYears
Nees v. Hocks green
or · 1975
2 sentences

2021In fact, even after Deatherage, we have contin- ued to recognize a common-law cause of action for wrong- ful discharge when “an employer discharges an employee for such a socially undesirable motive that the employer must respond in damages for any injury done,” Nees, 272 Or at 218 , but no statute provides an adequate statutory 496 Rohrer v. Oswego Cove, LLC remedy.5 See, e.g., De Bay v. Wild Oats Market, Inc., 244 Or App 443, 449-52 , 260 P3d 700 (2011) (reversing dismissal of common-law wrongful discharge claim alleging employer retaliated against employee for making complaints concern- ing

1998A wrongful-discharge claim has two elements: “[TJhere must be a discharge, and that discharge must be ‘wrongful.’ ” Moustachetti v. State of Oregon, 319 Or 319, 325 , 877 P2d 66 (1994), citing Nees v. Hocks, 212 Or 210, 218, 536 P2d 512 (1975).

51992–2021
Walsh v. Consolidated Freightways, Inc. green
or · 1977
2 sentences

2021First, in Walsh v. Consolidated Freightways, 278 Or 347, 352-53 , 563 P2d 1205 (1977), the court held that the plaintiff could not assert a wrongful discharge claim when a federal statute provided the plaintiff with full remedies for objecting to unsafe work- ing conditions, his claimed protected activity.

2021First, in Walsh v. Consolidated Freightways, 278 Or 347, 352-53 , 563 P2d 1205 (1977), the court held that the plaintiff could not assert a wrongful discharge claim when a federal statute provided the plaintiff with full remedies for objecting to unsafe work- ing conditions, his claimed protected activity.

41989–2021
Brown v. Transcon Lines green
or · 1978
2 sentences

2021In Brown v. Transcon Lines, 284 Or 597 , 588 P2d 1087 (1978), the court recognized that an employer wrongfully discharges an employee for filing a workers’ compensation claim, id. at 604 , and then analyzed whether a state statute that pro- vided some remedies precluded the plaintiff from pursuing a wrongful discharge claim.

2021In Brown v. Transcon Lines, 284 Or 597 , 588 P2d 1087 (1978), the court recognized that an employer wrongfully discharges an employee for filing a workers’ compensation claim, id. at 604 , and then analyzed whether a state statute that pro- vided some remedies precluded the plaintiff from pursuing a wrongful discharge claim.

31999–2021
Walker v. Oregon Travel Information Council green
orctapp · 2019
2 sentences

2021We agreed with the parties’ understanding that a violation of ORS 659A.203 can provide the basis for a wrongful-discharge claim, Walker v. Oregon Travel Information Council, 299 Or App 432, 447 , 450 P3d 19 (2019), but we concluded that the trial court had erred in submitting the wrongful-discharge claim to the jury.

2021We agreed with the parties’ understanding that a violation of ORS 659A.203 can provide the basis for a wrongful-discharge claim, Walker v. Oregon Travel Information Council, 299 Or App 432, 447 , 450 P3d 19 (2019), but we concluded that the trial court had erred in submitting the wrongful-discharge claim to the jury.

22021–2021
McGanty v. Staudenraus green
or · 1995
2 sentences

2021Penney Co., 301 Or 117, 120-22 , 719 P2d 854 (1986), over- ruled in part on other grounds by McGanty v. Staudenraus, 321 Or 532, 549 , 901 P2d 841 (1995) (affirming dismissal of a wrongful discharge claim after reviewing precedent and observing that the plaintiff did not allege that his personal relationship with another employee, which triggered his dis- charge, was in some way protected by statute or involved an interest of public importance).

2021Penney Co., 301 Or 117, 120-22 , 719 P2d 854 (1986), over- ruled in part on other grounds by McGanty v. Staudenraus, 321 Or 532, 549 , 901 P2d 841 (1995) (affirming dismissal of a wrongful discharge claim after reviewing precedent and observing that the plaintiff did not allege that his personal relationship with another employee, which triggered his dis- charge, was in some way protected by statute or involved an interest of public importance).

22009–2021
Lamson v. Crater Lake Motors, Inc. green
or · 2009
2 sentences

2021Under ORS 659A.203(1), a public employer may not “(b) Prohibit any employee from disclosing, or take or threaten to take disciplinary action against an employee for the disclosure of any information that the employee rea- sonably believes is evidence of: 778 Walker v. Oregon Travel Information Council “(A) A violation of any federal or state law, rule or reg- ulation by the state, agency or political subdivision.” The statute thus explicitly protects the employment of pub- lic employees who report an employer’s “violation of any * * * law.” Id.

2012Id. at 638 .

22012–2021
Babick v. Oregon Arena Corp. green
orctapp · 1999
2 sentences

2002Id.

1999For purposes of simplicity, however, we refer only to a single complaint throughout this opinion. [2] See, e.g., Nees, 272 Or. at 216-19 , 536 P.2d 512 (serving on a jury); Delaney v. Taco Time Int'l., 297 Or. 10, 16 , 681 P.2d 114 (1984) (refusing to sign a false and potentially defamatory statement about a co-worker); Dalby v. Sisters of Providence, 125 Or.App. 149, 153 , 865 P.2d 391 (1993) (insisting that pharmacy employer comply with administrative rules governing drug inventory and record-keeping requirements); Banaitis, 129 Or.App. at 376-80 , 879 P.2d 1288 (refusing to disclose confide

21999–2002
Moustachetti v. State of Oregon green
or · 1994
2 sentences

2000“The elements of a wrongful discharge claim are simple: there must be a discharge, and that discharge must be ‘wrongful.’ ” Moustachetti v. State of Oregon, 319 Or 319, 325 , 877 P2d 66 (1994).

2000“The elements of a wrongful discharge claim are simple: there must be a discharge, and that discharge must be ‘wrongful.’ ” Moustachetti v. State of Oregon, 319 Or 319, 325 , 877 P2d 66 (1994).

21998–2000
Banaitis v. Mitsubishi Bank, Ltd. green
orctapp · 1994
2 sentences

1995She argues, however, that, notwithstanding her at-will status, her termination was wrongful because a substantial factor in defendant’s decision was “plaintiffs assertion of her employment related right to have an attorney at any time during any questioning by a law enforcement officer.” In Banaitis v. Mitsubishi Bank, Ltd., 129 Or App 371, 376 , 879 P2d 1288 (1994), rev dismissed 321 Or 511 (1995), we recognized the two available grounds for a wrongful discharge claim: “In general, an employer may discharge an employee at any time, for any reason, unless doing so violates a contractual, statu

1995She argues, however, that, notwithstanding her at-will status, her termination was wrongful because a substantial factor in defendant’s decision was “plaintiffs assertion of her employment related right to have an attorney at any time during any questioning by a law enforcement officer.” In Banaitis v. Mitsubishi Bank, Ltd., 129 Or App 371, 376 , 879 P2d 1288 (1994), rev dismissed 321 Or 511 (1995), we recognized the two available grounds for a wrongful discharge claim: “In general, an employer may discharge an employee at any time, for any reason, unless doing so violates a contractual, statu

21995–1999
Kofoid v. Woodard Hotels, Inc. green
orctapp · 1986
2 sentences

1990In Kofoid v. Woodard Hotels, Inc., 78 Or App 283 , 716 P2d 771 (1986), we affirmed the trial court’s dismissal of a wrongful discharge claim in which the plaintiff alleged that she was discharged on the basis of sex.

1990In Kofoid v. Woodard Hotels, Inc., 78 Or App 283 , 716 P2d 771 (1986), we affirmed the trial court’s dismissal of a wrongful discharge claim in which the plaintiff alleged that she was discharged on the basis of sex.

21990–1994
Lucas v. Lake County green
orctapp · 2012
1 sentence

2024Id. at 43 .

12024–2024
Patton v. J. C. Penney Co. green
or · 1986
2 sentences

2021Penney Co., 301 Or 117, 120-22 , 719 P2d 854 (1986), over- ruled in part on other grounds by McGanty v. Staudenraus, 321 Or 532, 549 , 901 P2d 841 (1995) (affirming dismissal of a wrongful discharge claim after reviewing precedent and observing that the plaintiff did not allege that his personal relationship with another employee, which triggered his dis- charge, was in some way protected by statute or involved an interest of public importance).

2021Penney Co., 301 Or 117, 120-22 , 719 P2d 854 (1986), over- ruled in part on other grounds by McGanty v. Staudenraus, 321 Or 532, 549 , 901 P2d 841 (1995) (affirming dismissal of a wrongful discharge claim after reviewing precedent and observing that the plaintiff did not allege that his personal relationship with another employee, which triggered his dis- charge, was in some way protected by statute or involved an interest of public importance).

12021–2021
Walker v. Oregon Travel Information Council green
or · 2021
2 sentences

2021Walker v. Oregon Travel Information Council, 367 Or 761 , 484 P3d 1035 (2021).

2021Walker v. Oregon Travel Information Council, 367 Or 761 , 484 P3d 1035 (2021).

12021–2021
Kemp v. Masterbrand Cabinets, Inc. green
orctapp · 2013
2 sentences

2021In fact, even after Deatherage, we have contin- ued to recognize a common-law cause of action for wrong- ful discharge when “an employer discharges an employee for such a socially undesirable motive that the employer must respond in damages for any injury done,” Nees, 272 Or at 218 , but no statute provides an adequate statutory 496 Rohrer v. Oswego Cove, LLC remedy.5 See, e.g., De Bay v. Wild Oats Market, Inc., 244 Or App 443, 449-52 , 260 P3d 700 (2011) (reversing dismissal of common-law wrongful discharge claim alleging employer retaliated against employee for making complaints concern- ing

2021In fact, even after Deatherage, we have contin- ued to recognize a common-law cause of action for wrong- ful discharge when “an employer discharges an employee for such a socially undesirable motive that the employer must respond in damages for any injury done,” Nees, 272 Or at 218 , but no statute provides an adequate statutory 496 Rohrer v. Oswego Cove, LLC remedy.5 See, e.g., De Bay v. Wild Oats Market, Inc., 244 Or App 443, 449-52 , 260 P3d 700 (2011) (reversing dismissal of common-law wrongful discharge claim alleging employer retaliated against employee for making complaints concern- ing

12021–2021
De Bay v. Wild Oats Market, Inc. neutral
orctapp · 2011
2 sentences

2021In fact, even after Deatherage, we have contin- ued to recognize a common-law cause of action for wrong- ful discharge when “an employer discharges an employee for such a socially undesirable motive that the employer must respond in damages for any injury done,” Nees, 272 Or at 218 , but no statute provides an adequate statutory 496 Rohrer v. Oswego Cove, LLC remedy.5 See, e.g., De Bay v. Wild Oats Market, Inc., 244 Or App 443, 449-52 , 260 P3d 700 (2011) (reversing dismissal of common-law wrongful discharge claim alleging employer retaliated against employee for making complaints concern- ing

2021In fact, even after Deatherage, we have contin- ued to recognize a common-law cause of action for wrong- ful discharge when “an employer discharges an employee for such a socially undesirable motive that the employer must respond in damages for any injury done,” Nees, 272 Or at 218 , but no statute provides an adequate statutory 496 Rohrer v. Oswego Cove, LLC remedy.5 See, e.g., De Bay v. Wild Oats Market, Inc., 244 Or App 443, 449-52 , 260 P3d 700 (2011) (reversing dismissal of common-law wrongful discharge claim alleging employer retaliated against employee for making complaints concern- ing

12021–2021
McManus v. Auchincloss green
orctapp · 2015
2 sentences

2021In fact, even after Deatherage, we have contin- ued to recognize a common-law cause of action for wrong- ful discharge when “an employer discharges an employee for such a socially undesirable motive that the employer must respond in damages for any injury done,” Nees, 272 Or at 218 , but no statute provides an adequate statutory 496 Rohrer v. Oswego Cove, LLC remedy.5 See, e.g., De Bay v. Wild Oats Market, Inc., 244 Or App 443, 449-52 , 260 P3d 700 (2011) (reversing dismissal of common-law wrongful discharge claim alleging employer retaliated against employee for making complaints concern- ing

2021In fact, even after Deatherage, we have contin- ued to recognize a common-law cause of action for wrong- ful discharge when “an employer discharges an employee for such a socially undesirable motive that the employer must respond in damages for any injury done,” Nees, 272 Or at 218 , but no statute provides an adequate statutory 496 Rohrer v. Oswego Cove, LLC remedy.5 See, e.g., De Bay v. Wild Oats Market, Inc., 244 Or App 443, 449-52 , 260 P3d 700 (2011) (reversing dismissal of common-law wrongful discharge claim alleging employer retaliated against employee for making complaints concern- ing

12021–2021
Deatherage v. Johnson neutral
orctapp · 2009
2 sentences

2020Then, in Deatherage v. Johnson, 230 Or App 422 , 215 P3d 125 (2009), we considered whether an employee who had been fired in retaliation for reporting workplace safety violations to the Oregon Occupational Safety and Health Division may pursue a wrongful discharge claim.

2020Then, in Deatherage v. Johnson, 230 Or App 422 , 215 P3d 125 (2009), we considered whether an employee who had been fired in retaliation for reporting workplace safety violations to the Oregon Occupational Safety and Health Division may pursue a wrongful discharge claim.

12020–2020
Olsen v. Deschutes County green
orctapp · 2006
2 sentences

2020First, in Olsen v. Deschutes County, 204 Or App 7 , 127 P3d 655 , rev den, 341 Or 80 (2006), we considered whether public employees who were fired for rais- ing concerns about safety violations at a respite care facil- ity may bring a wrongful discharge claim.

2020First, in Olsen v. Deschutes County, 204 Or App 7 , 127 P3d 655 , rev den, 341 Or 80 (2006), we considered whether public employees who were fired for rais- ing concerns about safety violations at a respite care facil- ity may bring a wrongful discharge claim.

12020–2020
Clemente v. State green
orctapp · 2009
12018–2018
State v. Demings green
orctapp · 1992
12006–2006
State Highway Commission v. Superbilt Manufacturing Co. green
or · 1955
12006–2006
Seibel v. Liberty Homes, Inc. green
or · 1988
12006–2006
Coulter v. Construction & General Laborers Union Local 320 green
orctapp · 1991
12003–2003
Minnis v. Oregon Mutual Insurance green
orctapp · 1999
12002–2002
Dalby v. Sisters of Providence green
orctapp · 1993
11999–1999
Anderson v. Evergreen International Airlines, Inc. green
orctapp · 1994
11999–1999
Gardner v. Loomis Armored Inc. green
wash · 1996
11999–1999
Gardner v. Loomis Armored, Inc. green
wash · 1996
11999–1999
Chardon v. Fernandez green
scotus · 1982
11998–1998
Romano v. Rockwell International, Inc. green
cal · 1996
11998–1998
Mains v. II Morrow, Inc. green
orctapp · 1994
11995–1995
Banaitis v. Mitsubishi Bank, Ltd. green
or · 1995
11995–1995
Bratcher v. Sky Chefs, Inc. green
or · 1989
11994–1994
Wiggins v. Barrett & Associates, Inc. green
or · 1983
11992–1992
Giordano v. Aerolift, Inc. neutral
orctapp · 1991
11992–1992
Madani v. Kendall Ford, Inc. green
orctapp · 1990
11991–1991
Windle, Adm'x v. Flinn green
or · 1952
11989–1989
Patton v. J. C. Penney Co. neutral
orctapp · 1985
11986–1986
McQuary v. Bel Air Convalescent Home, Inc. green
or · 1984
11984–1984

Statutes the citing opinions construe

OR § Or. Rev. Stat. § 659A.203 (5) OR § Or. Rev. Stat. § 659A.230 (5) OR § Or. Rev. Stat. § 654.062 (4) OR § Or. Rev. Stat. § 659A.199 (4) OR § Or. Rev. Stat. § 652.355 (3) USC § 42u.s.c.1983 (3) USC § 42u.s.c.2000e (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

OH 61 (1990–2025) WA 45 (1990–2024) OR 40 (1984–2025) CT 39 (1987–2025) MI 27 (1984–2022) IA 26 (1992–2025) NC 25 (1991–2026) PA 25 (1985–2025) CA 24 (1985–2026) NJ 22 (1988–2025) MO 19 (1989–2020) TX 16 (1991–2023) MD 15 (1991–2017) MT 14 (1994–2024) DC 11 (1991–2018) NY 10 (1989–2026) WI 10 (1989–2023) CO 10 (1990–2023) WV 10 (1997–2023) UT 9 (1998–2015) KY 9 (1985–2026) MN 9 (1991–2016) AZ 8 (1988–2023) OK 7 (1989–2022) IN 7 (1992–2019) MA 7 (1993–2006) NH 7 (1999–2019) KS 7 (1984–2023) AK 6 (1986–2024) AR 5 (1988–2025) VI 5 (1994–2015) NM 5 (1991–2004) SC 5 (1996–2015) IL 4 (1984–2022) VA 4 (1996–2012) LA 4 (1991–2015) TN 4 (1997–2019) HI 3 (2011–2016) FL 3 (1989–2018) ME 2 (1986–2019) WY 2 (2009–2014) AL 2 (1986–2011) NE 2 (2006–2006) ID 2 (2003–2014) NV 2 (1991–1995) SD 2 (2006–2019)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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