Labor & Employment Law

Don't fire the domestic violence victim

Ramona Danny sued in federal court asserting a claim for wrongful discharge in violation of public policy. The federal court sent a certified question to the Supreme Court of Washington.

Has the State of Washington established a clear mandate of public policy prohibiting an employer from discharging an at-will employee because she experienced domestic violence and took leave from work to take actions to protect herself, her family, and to hold her abuser accountable?

The Washington court declined to answer that question, and instead reformulated it as:

Has the State of Washington established a clear mandate of public policy of protecting domestic violence survivors and their families and holding their abusers accountable?

The answer? "Yes." In 5-4 decision, with four opinions.

The court reasoned, "Washington State has unequivocally established, through legislative, judicial, constitutional, and executive expressions, a clear mandate of public policy of protecting domestic violence survivors and their families and holding abusers accountable."

The CONCURRING opinion agreed with the majority's answer to its reformulated certified question, but wrote in part "to express my concern about the burden placed on employers when this court recognizes new public policies..."

The CONCURRING/DISSENTING opinion argued that "the lead and concurring opinions improperly give retroactive effect to...new legislation, inferring a 'clear mandate' of public policy from a statute that did not exist at the time this suit was instituted."

The DISSENTING opinion argued that "[t]he fact that four opinions have been issued-and that we have decided to reformulate the question to avoid the issue entirely-dictates the answer that no such 'clear' mandate exists."

The case: Danny v. Laidlaw Transit Services (Washington 10/03/2008)

Majority opinion
Concurring opinion
Concurring and dissenting opinion
Dissenting opinion

Full post as published by Ross' Employment Law Blog on October 08, 2008 (boomark / email).