wrongful discharge claim (Washington) · Go Syfert
← Washington issues

wrongful discharge claim in Washington

45 Washington opinions name it 2 courts 1990–2024 3 in the last five years

The cases below were cited by Washington 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 (15)

CaseFollowedCited
Gardner v. Loomis Armored, Inc.green
wash · 1996 · cited in 7 Washington opinions naming this issue, 2008–2017
2 sentences

2017A wrongful discharge in violation of a public policy claim has four elements: (1) The plaintiffs must prove the existence of a clear public policy (the clarity element). (2) The plaintiffs must prove that discouraging the conduct in which they engaged would jeopardize the public policy (the jeopardy element). (3) The plaintiffs must prove that the public-policy-linked conduct caused the dismissal (the causation element). (4) The defendant must not be able to offer an overriding justification for the dismissal (the absence of justification element).126] "To establish jeopardy, the plaintiff mus

2017A wrongful discharge in violation of a public policy claim has four elements: (1) The plaintiffs must prove the existence of a clear public policy (the clarity element). (2) The plaintiffs must prove that discouraging the conduct in which they engaged would jeopardize the public policy (the jeopardy element). (3) The plaintiffs must prove that the public-policy-linked conduct caused the dismissal (the causation element). (4) The defendant must not be able to offer an overriding justification for the dismissal (the absence of justification element).126] "To establish jeopardy, the plaintiff mus

37
Roberts v. Dudleygreen
wash · 2000 · cited in 4 Washington opinions naming this issue, 2001–2011
2 sentences

2001Finally, this court recently extended the wrongful discharge doctrine in Roberts v. Dudley, 140 Wash.2d 58 , 993 P.2d 901 (2000).

2001Finally, this court recently extended the wrongful discharge doctrine in Roberts v. Dudley, 140 Wn.2d 58 , 993 P.2d 901 (2000).

34
Gardner v. Loomis Armored Inc.green
wash · 1996 · cited in 6 Washington opinions naming this issue, 2008–2017
2 sentences

2017A wrongful discharge in violation of a public policy claim has four elements: (1) The plaintiffs must prove the existence of a clear public policy (the clarity element). (2) The plaintiffs must prove that discouraging the conduct in which they engaged would jeopardize the public policy (the jeopardy element). (3) The plaintiffs must prove that the public-policy-linked conduct caused the dismissal (the causation element). (4) The defendant must not be able to offer an overriding justification for the dismissal (the absence of justification element).126] "To establish jeopardy, the plaintiff mus

2009Id. at 935-36 , 913 P.2d 377 . ¶ 50 To prove a claim for a wrongful discharge in violation of public policy, Ms. Hollenback must establish: (1) the existence of a clear public policy, known as the clarity element; (2) that discouraging the conduct in which Ms. Hollenback engaged would jeopardize the public policy, known as the jeopardy element; (3) that the public policy-linked conduct caused dismissal, known as the causation element; and (4) that Shriners cannot offer an overriding justification for the dismissal, known as the absence of justification element.

26
Bravo v. Dolsen Companiesgreen
wash · 1995 · cited in 3 Washington opinions naming this issue, 1995–2009
2 sentences

2009Bravo, 125 Wn.2d at 758 (requiring discharge to establish a prima facie action for the tort of wrongful discharge in violation of public policy).

1995Furthermore, because the statute expresses an important public policy of this state, the court held that RCW 49.32.020 also gives rise to a tort cause of action for a wrongful discharge in violation of public policy. 125 Wn.2d at 758 .

23
Raynes v. City of Leavenworthgreen
wash · 1992 · cited in 2 Washington opinions naming this issue, 2000–2000
2 sentences

2000See Raynes v. City of Leavenworth, 118 Wn.2d 237, 243 , 821 P.2d 1204 (1992) (“[T]he appropriate remedy when legislative action is considered unjust is political.”) By allowing a wrongful discharge claim based on a public policy against gender discrimination, the majority has done just that.

2000See Raynes v. City of Leavenworth, 118 Wn.2d 237, 243 , 821 P.2d 1204 (1992) (“[T]he appropriate remedy when legislative action is considered unjust is political.”) By allowing a wrongful discharge claim based on a public policy against gender discrimination, the majority has done just that.

22
Zimmerman v. Buchheit of Sparta, Inc.green
ill · 1994 · cited in 2 Washington opinions naming this issue, 1997–1997
2 sentences

1997See, e.g., Zimmerman v. Buchheit of Sparta, Inc., 164 Ill.2d 29 , 206 Ill.Dec. 625 , 645 N.E.2d 877 (1994) (refusing to extend the tort of wrongful discharge to include demotions); Ludwig v. C & A Wallcoverings, Inc., 960 F.2d 40 (7th Cir.1992) (employee cannot bring a wrongful discharge claim for retaliatory discharge when she was merely demoted); Mintz v. Bell Atlantic Sys.

1997See, e.g., Zimmerman v. Buchheit of Sparta, Inc., 164 Ill.2d 29 , 206 Ill.Dec. 625 , 645 N.E.2d 877 (1994) (refusing to extend the tort of wrongful discharge to include demotions); Ludwig v. C & A Wallcoverings, Inc., 960 F.2d 40 (7th Cir.1992) (employee cannot bring a wrongful discharge claim for retaliatory discharge when she was merely demoted); Mintz v. Bell Atlantic Sys.

22
Thompson v. St. Regis Paper Companygreen
wash · 1984 · cited in 8 Washington opinions naming this issue, 1996–2019
2 sentences

2013Regis Paper Co., 102 Wn.2d 219, 225 , 685 P.2d 1081 (1984) (breach of promise). ¶16 The wrongful discharge in violation of public policy is a narrow exception, and courts must “ ‘proceed cautiously.’ ” Thompson, 102 Wn.2d at 232 (emphasis omitted) (quoting Parnar v. Americana Hotels, Inc., 65 Haw. 370, 380 , 652 P.2d 625 (1982)).

2013Regis Paper Co., 102 Wn.2d 219, 225 , 685 P.2d 1081 (1984) (breach of promise). ¶16 The wrongful discharge in violation of public policy is a narrow exception, and courts must “ ‘proceed cautiously.’ ” Thompson, 102 Wn.2d at 232 (emphasis omitted) (quoting Parnar v. Americana Hotels, Inc., 65 Haw. 370, 380 , 652 P.2d 625 (1982)).

18
Hubbard v. Spokane Countygreen
wash · 2002 · cited in 4 Washington opinions naming this issue, 2010–2013
2 sentences

2013Hubbard v. Spokane County, 146 Wn.2d 699, 713 , 50 P.3d 602 (2002).

2013See Hubbard v. Spokane County, 146 Wn.2d 699, 713 , 50 P.3d 602 (2002). ¶19 The Washington health care act (WHCA), chapter 43.70 RCW, provides comprehensive remedies to Ms. Worley to promote the public policy claim.

14
Hubbard v. SPOKENE COUNTYgreen
wash · 2002 · cited in 4 Washington opinions naming this issue, 2010–2013
2 sentences

2013Hubbard v. Spokane County, 146 Wn.2d 699, 713 , 50 P.3d 602 (2002).

2013See Hubbard v. Spokane County, 146 Wn.2d 699, 713 , 50 P.3d 602 (2002). ¶19 The Washington health care act (WHCA), chapter 43.70 RCW, provides comprehensive remedies to Ms. Worley to promote the public policy claim.

14
Roberts v. Dudleygreen
wash · 2000 · cited in 3 Washington opinions naming this issue, 2001–2011
2 sentences

2001Finally, this court recently extended the wrongful discharge doctrine in Roberts v. Dudley, 140 Wash.2d 58 , 993 P.2d 901 (2000).

2001Finally, this court recently extended the wrongful discharge doctrine in Roberts v. Dudley, 140 Wn.2d 58 , 993 P.2d 901 (2000).

13
Ellis v. City of Seattlegreen
wash · 2000 · cited in 2 Washington opinions naming this issue, 2011–2011
2 sentences

2011See Roberts, 140 Wash.2d at 77 , 993 P.2d 901 ; Bennett, 113 Wash.2d at 929 , 784 P.2d 1258 ; cf. Ellis, 142 Wash.2d at 461 , 13 P.3d 1065 (noting, "Ellis is not required to prove an actual WISHA violation.

2011See Roberts, 140 Wn.2d at 77 ; Bennett, 113 Wn.2d at 929 ; cf. Ellis, 142 Wn.2d at 461 (noting, “Ellis is not required to prove an actual WISHA violation.

12
Becker v. Community Health Systems, Inc.green
wash · 2015 · cited in 1 Washington opinions naming this issue, 2023–2023
2 sentences

2023When there has been an actual discharge, the elements for a wrongful discharge in violation of public policy claim are “(1) the employee’s discharge may have been motivated by reasons that contravene a clear mandate of public policy, and (2) the public-policy-linked conduct was a significant factor in the decision to discharge the worker.” Id. at 829.

2023When the wrongful discharge in violation of public policy claim arises from constructive discharge, the first element “is modified to address whether the intolerable condition that led the employee to resign contravened a clear mandate of public policy.” Id. at 830. 8 No. 57026-2-II The second element also differs depending on whether the claim is based on actual or constructive discharge.

11
Rickman v. Premera Blue Crossgreen
wash · 2015 · cited in 1 Washington opinions naming this issue, 2017–2017
11
Roberts v. Auto. Club of Mich.green
michctapp · 1984 · cited in 1 Washington opinions naming this issue, 1991–1991
11
Zwick v. United Statesgreen
scotus · 1986 · cited in 1 Washington opinions naming this issue, 1991–1991
11

Distinguished, questioned or overruled (2)

CaseNegativeCited
Korslund v. DynCorp Tri-Cities Services, Inc.green
wash · 2005 · cited in 1 Washington opinions naming this issue, 2009–2009
11
Korslund v. Dyncorp Tri-Cities Servicesgreen
wash · 2005 · cited in 1 Washington opinions naming this issue, 2009–2009
11

Also cited on this issue (39)

CaseCitedYears
Wilmot v. Kaiser Aluminum & Chemical Corp. green
wash · 1991
2 sentences

2008In Wilmot, 118 Wash.2d at 75 , 821 P.2d 18 , this court recognized this distinction in the context of a wrongful discharge claim alleging an employer discharged an employee for filing a worker's compensation claim.

2008In Wilmot, 118 Wn.2d at 75 , this court recognized this distinction in the context of a wrongful discharge claim alleging an employer discharged an employee for filing a workers’ compensation claim.

51995–2016
Smith v. Bates Technical College green
wash · 2000
2 sentences

2013In Smith, we noted that Reninger made it “even more compelling” to hold that the public policy tort does not require first pursuing PERC administrative remedies. 139 Wn.2d at 810 .

2013In Smith, we noted that Reninger made it "even more compelling" to hold that the public policy tort does not require first pursuing PERC administrative remedies. 139 Wn.2d at 810 .

32000–2013
Parnar v. Americana Hotels, Inc. green
haw · 1982
2 sentences

2013Regis Paper Co., 102 Wn.2d 219, 225 , 685 P.2d 1081 (1984) (breach of promise). ¶16 The wrongful discharge in violation of public policy is a narrow exception, and courts must “ ‘proceed cautiously.’ ” Thompson, 102 Wn.2d at 232 (emphasis omitted) (quoting Parnar v. Americana Hotels, Inc., 65 Haw. 370, 380 , 652 P.2d 625 (1982)).

2013Regis Paper Co., 102 Wn.2d 219, 225 , 685 P.2d 1081 (1984) (breach of promise). ¶16 The wrongful discharge in violation of public policy is a narrow exception, and courts must “ ‘proceed cautiously.’ ” Thompson, 102 Wn.2d at 232 (emphasis omitted) (quoting Parnar v. Americana Hotels, Inc., 65 Haw. 370, 380 , 652 P.2d 625 (1982)).

22013–2013
Reninger v. Department of Corrections green
wash · 1998
2 sentences

2013In Reninger v. Department of Corrections, 134 Wn.2d 437 , 951 P.2d 782 (1998), we held that an employee who loses in an administrative proceeding (there, a personnel appeals board hearing) may be collaterally estopped from asserting a wrongful discharge claim.

2013In Reninger v. Department of Corrections, 134 Wn.2d 437 , 951 P.2d 782 (1998), we held that an employee who loses in an administrative proceeding (there, a personnel appeals board hearing) may be collaterally estopped from asserting a wrongful discharge claim.

22013–2013
Reninger v. State Dept. of Corrections green
wash · 1998
2 sentences

2013In Reninger v. Department of Corrections, 134 Wn.2d 437 , 951 P.2d 782 (1998), we held that an employee who loses in an administrative proceeding (there, a personnel appeals board hearing) may be collaterally estopped from asserting a wrongful discharge claim.

2013In Reninger v. Department of Corrections, 134 Wn.2d 437 , 951 P.2d 782 (1998), we held that an employee who loses in an administrative proceeding (there, a personnel appeals board hearing) may be collaterally estopped from asserting a wrongful discharge claim.

22013–2013
Bennett v. Hardy green
wash · 1990
2 sentences

2011See Roberts, 140 Wash.2d at 77 , 993 P.2d 901 ; Bennett, 113 Wash.2d at 929 , 784 P.2d 1258 ; cf. Ellis, 142 Wash.2d at 461 , 13 P.3d 1065 (noting, "Ellis is not required to prove an actual WISHA violation.

2011See Roberts, 140 Wn.2d at 77 ; Bennett, 113 Wn.2d at 929 ; cf. Ellis, 142 Wn.2d at 461 (noting, “Ellis is not required to prove an actual WISHA violation.

22011–2011
Sedlacek v. Hillis green
wash · 2001
2 sentences

2011This court has recognized, however, "that the tort of wrongful discharge in violation of public policy is a narrow exception to the employment at-will doctrine." Id. ¶ 7 To prevail on a wrongful discharge claim, a plaintiff must satisfy a four-factor test.

2011This court has recognized, however, “that the tort of wrongful discharge in violation of public policy is a narrow exception to the employment at-will doctrine.” Id. ¶7 To prevail on a wrongful discharge claim, a plaintiff must satisfy a four-factor test.

22011–2011
American Colloid Co. v. Eastern Clay Products, Inc. green
ca6 · 1953
2 sentences

2009Id.; Martin, 207 F.2d at 658 . ¶ 81 My colleague Justice Charles Johnson acknowledges that this court has opined that constructive discharge may support a wrongful discharge claim.

2009Id.; Martin, 207 F.2d at 658 . ¶81 My colleague Justice Charles Johnson acknowledges that this court has opined that constructive discharge may support a wrongful discharge claim.

22009–2009
State v. Freeman neutral
wash · 2007
2 sentences

2009Briggs v. Nova Services, 161 Wash.2d 1022 , 172 P.3d 360 (2007). *914 ANALYSIS ¶ 11 We review an order granting summary judgment de novo.

2009Briggs v. Nova Servs., 161 Wn.2d 1022 , 172 P.3d 360 (2007).

22009–2009
In Re Marriage of Kowalewski neutral
wash · 2007
2 sentences

2009Briggs v. Nova Services, 161 Wash.2d 1022 , 172 P.3d 360 (2007). *914 ANALYSIS ¶ 11 We review an order granting summary judgment de novo.

2009Briggs v. Nova Servs., 161 Wn.2d 1022 , 172 P.3d 360 (2007).

22009–2009
Christensen v. Grant County Hospital District No. 1 green
wash · 2004
2 sentences

2008In Christensen, 152 Wn.2d at 321 , the Court held that an employee’s failed action before the Public Employees Relations Commission collaterally estopped him from bringing a wrongful discharge claim in superior court.

2008In Christensen, 152 Wash.2d at 321 , 96 P.3d 957 , the Court held that an employee's failed action before the Public Employees Relations Commission collaterally estopped him from bringing a wrongful discharge claim in superior court.

22008–2008
Douchette v. Bethel School District No. 403 green
wash · 1991
2 sentences

2001No. 403, 117 Wn.2d 805, 816 , 818 P.2d 1362 (1991) (approving of the Court of Appeals’ reliance on federal case law to determine when a wrongful discharge claim accrues).

2001No. 403, 117 Wn.2d 805, 816 , 818 P.2d 1362 (1991) (approving of the Court of Appeals’ reliance on federal case law to determine when a wrongful discharge claim accrues).

22001–2001
Mintz v. Bell Atlantic Systems Leasing International, Inc. green
arizctapp · 1995
2 sentences

1997Leasing Int'l, Inc., 183 Ariz. 550 , 905 P.2d 559 (1995) (a public policy tort for failure to promote does not exist and it is unnecessary for courts to create one); Foley v. Interactive Data Corp., 47 Cal.3d 654 , 254 Cal.Rptr. 211 , 765 P.2d 373 (1988) (expansion of tort remedies in employment actions has potential for enormous consequence in the stability of the business community); Scott v. Pacific Gas & Elec.

1997Leasing Int'l, Inc., 183 Ariz. 550 , 905 P.2d 559 (1995) (a public policy tort for failure to promote does not exist and it is unnecessary for courts to create one); Foley v. Interactive Data Corp., 47 Cal.3d 654 , 254 Cal.Rptr. 211 , 765 P.2d 373 (1988) (expansion of tort remedies in employment actions has potential for enormous consequence in the stability of the business community); Scott v. Pacific Gas & Elec.

21997–1997
Foley v. Interactive Data Corp. green
cal · 1988
2 sentences

1997Leasing Int'l, Inc., 183 Ariz. 550 , 905 P.2d 559 (1995) (a public policy tort for failure to promote does not exist and it is unnecessary for courts to create one); Foley v. Interactive Data Corp., 47 Cal.3d 654 , 254 Cal.Rptr. 211 , 765 P.2d 373 (1988) (expansion of tort remedies in employment actions has potential for enormous consequence in the stability of the business community); Scott v. Pacific Gas & Elec.

1997Leasing Int'l, Inc., 183 Ariz. 550 , 905 P.2d 559 (1995) (a public policy tort for failure to promote does not exist and it is unnecessary for courts to create one); Foley v. Interactive Data Corp., 47 Cal.3d 654 , 254 Cal.Rptr. 211 , 765 P.2d 373 (1988) (expansion of tort remedies in employment actions has potential for enormous consequence in the stability of the business community); Scott v. Pacific Gas & Elec.

21997–1997
Pamela Ludwig v. C & a Wallcoverings, Incorporated, an Ohio Corporation D/B/A Kinney Wallcoverings green
ca7 · 1992
2 sentences

1997See, e.g., Zimmerman v. Buchheit of Sparta, Inc., 164 Ill.2d 29 , 206 Ill.Dec. 625 , 645 N.E.2d 877 (1994) (refusing to extend the tort of wrongful discharge to include demotions); Ludwig v. C & A Wallcoverings, Inc., 960 F.2d 40 (7th Cir.1992) (employee cannot bring a wrongful discharge claim for retaliatory discharge when she was merely demoted); Mintz v. Bell Atlantic Sys.

1997See, e.g., Zimmerman v. Buchheit of Sparta, Inc., 164 Ill. 2d 29 , 645 N.E.2d 877 (1994) (refusing to extend the tort of wrongful discharge to include demotions); Ludwig v. C & A Wallcoverings, Inc., 960 F.2d 40 (7th Cir. 1992) (employee cannot bring a wrongful discharge claim for retaliatory discharge when she was merely demoted); Mintz v. Bell Atlantic Sys.

21997–1997
Martin v. Gonzaga Univ. green
wash · 2018
2 sentences

2024Martin v. Gonzaga Univ., 191 Wn.2d 712, 723 , 425 P.3d 837 (2018) (citing HENRY H.

2024Martin v. Gonzaga Univ., 191 Wn.2d 712, 723 , 425 P.3d 837 (2018) (citing HENRY H.

12024–2024
McNabb v. Department of Corrections green
wash · 2008
1 sentence

2024The former employees derived this policy from (1) article I, section 7 of the Washington State Constitution, (2) McNabb v. Department of Corrections, 163 Wn.2d 393 , 180 P.3d 1257 (2008), and (3) RCW 70.122.010. 1 Consolidated Omnibus Budget Reconciliation Act of 1985, PL 99-272. 5 No. 39615-1-III Adams v. Confluence Health With respect to their WLAD claim, the former employees asserted both disparate treatment and failure to accommodate.

12024–2024
McNabb v. Department of Corrections green
wash · 2008
1 sentence

2024The former employees derived this policy from (1) article I, section 7 of the Washington State Constitution, (2) McNabb v. Department of Corrections, 163 Wn.2d 393 , 180 P.3d 1257 (2008), and (3) RCW 70.122.010. 1 Consolidated Omnibus Budget Reconciliation Act of 1985, PL 99-272. 5 No. 39615-1-III Adams v. Confluence Health With respect to their WLAD claim, the former employees asserted both disparate treatment and failure to accommodate.

12024–2024
Sedlacek v. Hillis green
wash · 2001
12021–2021
Dicomes v. State green
wash · 1989
12019–2019
Kimball v. Public Utility District No. 1 green
wash · 1964
12017–2017
Rose v. Anderson Hay & Grain Co. green
wash · 2015
12017–2017
General Dynamics Corp. v. Superior Court green
cal · 1994
12017–2017
Domingo v. Boeing Employees' Credit Union green
washctapp · 2004
12015–2015
Cudney v. ALSCO, Inc. green
wash · 2011
12014–2014
State v. Cauthron green
wash · 1993
12011–2011
Ellis v. City of Seattle green
wash · 2001
12011–2011
State v. Copeland green
wash · 1996
12011–2011
Danny v. Laidlaw Transit Services, Inc. green
wash · 2008
12011–2011
State v. Copeland green
wash · 1996
12011–2011
Danny v. Laidlaw Transit Services, Inc. green
wash · 2008
12011–2011
Christensen v. Grant County Hosp. Dist. green
wash · 2004
12008–2008
Ellis v. City of Seattle neutral
washctapp · 1999
12001–2001
Smith v. Bates Technical College green
wash · 2000
12000–2000
Griffin v. Eller green
wash · 1996
12000–2000
Cagle v. Burns and Roe, Inc. green
wash · 1986
11991–1991
Frampton v. Central Indiana Gas Company green
ind · 1973
11991–1991
Hunsley v. Giard green
wash · 1976
11991–1991
Brady v. Daily World green
wash · 1986
11990–1990

Statutes the citing opinions construe

WA § Wash. Rev. Code § 49.60.180 (10) WA § Wash. Rev. Code § 49.12.200 (9) WA § Wash. Rev. Code § 49.60.010 (8) WA § Wash. Rev. Code § 51.48.025 (8) WA § Wash. Rev. Code § 49.17.160 (7) WA § Wash. Rev. Code § 49.60.030 (7) WA § Wash. Rev. Code § 49.60.040 (7) WA § Wash. Rev. Code § 49.32.020 (6) WA § Wash. Rev. Code § 49.60.210 (6) USC § 42u.s.c.1983 (5) USC § 42u.s.c.5851 (5) WA § Wash. Rev. Code § 7.69.010 (4)

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.

← Caselaw search · G Cite Topics · Brief Check