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Snyder v. Medical Service Corporation of Eastern Washington12/2/1999
We are presented with several questions in this wrongful discharge case. First, does the rude, boorish, overbearing behavior of a supervisor that results in emotional distress to an employee give rise to a cause of action, unprotected by the immunity afforded employers by the Washington Industrial Insurance Act (RCW 51.04)? It does. Second, does this conduct support a claim for emotional distress where the employer has no reason to know of the employee's susceptibility to emotional problems?
It does not. Third, was the conduct here so out of bounds, so abusive as to constitute a claim of constructive discharge? Even if it was, Washington is a terminable-at-will state and the constructive termination here was not for a prohibited reason. Sneed v. Barna, 80 Wn. App. 843, 849, 912 P.2d 1035 (1996). Finally, if a supervisor is rude and overbearing and an employee sustains emotional injuries as a result, must the employer accommodate the employee's request for a new supervisor under the law against discrimination (RCW 49.60)? The employer need not. We affirm the trial court's summary dismissal of Ms. Snyder's complaint.
FACTS
Michelle Snyder worked for Medical Service Corporation of Eastern Washington (MSC) as a social work case manager in the Care Management Department. Celeste Hall supervised the Care Management Department. Ms. Hall was intimidating, threatening, belligerent, and abusive to employees. Some employees quit, citing Ms. Hall as the reason.
Ms. Snyder frequently discussed her salary with Ms. Hall. On May 1, 1996, Ms. Snyder received a $166 per month pay raise because the responsibilities of her position increased. Ms. Hall threatened to discipline Ms. Snyder if she raised the salary issue again.
But on July 2, 1996, Ms. Snyder evaluated Ms. Hall as "wonderful" and a supervisor whose attitude was not "out of line." Ms. Hall noted that she was "extremely satisfied" with Ms. Snyder's work on January 31, 1997. She rated Ms. Snyder's overall performance as "very good."
Ms. Hall told Ms. Snyder that she would receive a $393 per month raise on February 1, 1997. She told Ms. Snyder that she was doing a good job. According to Ms. Snyder, Ms. Hall leaned into her and said, "If you ever tell anybody within MSC anywhere that you got this raise, I will literally hunt you down and kill you." Ms. Snyder was intimidated by, and scared of, Ms. Hall.
During a subsequent meeting, Ms. Hall asked all department employees to work one Saturday without additional pay. Several employees, including Ms. Snyder, did not want to work the additional day because of personal commitments. Ms. Snyder has custody of her children every other weekend. She also worked a second job on weekends when she did not have her children. Ms. Hall responded that it was inappropriate for Ms. Snyder to mention the child care issue. She then mockingly asked everyone who had children to raise their hands. Ms. Snyder left the meeting.
Ms. Hall met with Ms. Snyder after the meeting. Ms. Snyder explained that she understood Ms. Hall expected her to miss either a Saturday with her children or income from her second job. Ms. Hall "snapped." She walked toward Ms. Snyder, poked her in the chest, and declared, "I will not tolerate insubordinance from you." Ms. Hall then walked out.
Ms. Snyder did not feel any physical pain or effects from Ms. Hall's poking. MSC supervisors may not use physical force or threats of physical force. But Ms. Snyder did not inform Ms. Hall's supervisors of the incident.
By early February 1997, Ms. Snyder had applied for three other positions with MSC. MSC did not hire her for any of the position
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