Total Articles: 3
Washington Court Finds State Public Policy Violated by CBA Arbitration Award Reinstating Worker who Hung Noose at Work
A labor arbitrator’s award reinstating an employee who was terminated for hanging a noose in his workplace violated Washington’s public policy against discrimination where the arbitrator’s lesser discipline (only a 20-day suspension) prevented the employer from effectively discharging its state law duty of eradicating racial discrimination from the workplace. Thus, a Washington Court of Appeals panel has vacated the award. Int’l Union of Operating Eng’rs, Local 286 v. Port of Seattle, No. 65037-8 (Wash. Ct. App. Oct. 17, 2011). However, because the trial court exceeded its authority in making its own decision about the appropriate employee discipline, the Court remanded the case for further proceedings.
Washington Claims for Wrongful Discharge against Public Policy Limited by Effective Statutory Remedies
The Washington Supreme Court has reaffirmed that employee tort claims alleging wrongful discharge in violation of public policy may be brought only in limited circumstances, where the public policy at issue is not adequately promoted through alternative mechanisms, such as statutory remedies or criminal sanctions.
Washington’s Medical Marijuana Law Does Not Support a Wrongful Termination Claim
Rejecting an employee’s claims for wrongful termination, the Washington Supreme Court has held that the state Medical Use of Marijuana Act (“MUMAâ€) does not provide a civil cause of action for wrongful termination based on the employee’s authorized medical marijuana use. Roe v. TeleTech Customer Care Mgmt. (Colorado) LLC, No. 83768-6 (Wash. June 9, 2011). The Court further held that MUMA does not create a clear public policy supporting a tort claim for public policy wrongful discharge.
