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Doolittle v. Small Tribes of Western Washington Inc.2/12/1999
Source of Appeal: Appeal from Superior Court of King County
Docket No: 94-2-16784-7
Judgement or order under review
Date filed: March 15, 1996
Judge signing: Hon. Mary W. Brucker
Judges: authored by Faye C. Kennedy
Concurring: Walter E. Webster & Ann L. Ellington
OPINION PUBLISHED
IN PART
-- Maeve Doolittle appeals the trial court's order on summary Judgement of March 15, 1996, dismissing her claim against Small Tribes of Western Washington (STOWW) for wrongful termination of employment. Doolittle claims that she was terminated in violation of provisions of STOWW's personnel policy manual providing for termination for cause, assuring employees of reasonable job security and providing for a system of progressive discipline. The policy manual contains a procedure for modification of STOWW's personnel policies. A month before the termination of Doolittle's employment, STOWW issued a memorandum addressed to all employees notifying them that the progressive discipline procedures had been rescinded and that nothing in the personnel policies was intended to be a part of the employment relationship, or to amount to promises of specific treatment, or to be construed as a contract. STOWW concedes on appeal that it did not follow the procedure contained in the manual governing modification of personnel policies but argues that this is immaterial in that Doolittle admittedly received a copy of the memorandum and continued to work instead of resigning immediately. STOWW contends that under Washington case law, this ends the inquiry and that it is entitled to summary Judgement as a matter of law. We disagree, and hold that under the facts contained in the record for this appeal, a rational, fair-minded trier of fact could determine that STOWW breached its employment contract with Doolittle by failing to follow the set procedure for amending its personnel policies. Accordingly, we reverse the dismissal of Doolittle's wrongful termination claim against STOWW and remand for such further proceedings as shall be consistent with this opinion.
Respondent/cross-appellant The Sells Group, P. S. (Sells), won dismissal of Doolittle's defamation claim by order of summary Judgement entered on September 8, 1995, 6 months before the entry of final Judgement. Sells did not file its cost bill in the time intervening between the dismissal of the defamation claim and entry of final Judgement, nor within 10 days following entry of final Judgement. Sells cross-appeals, arguing that it was precluded by law from filing its cost bill during the time intervening between its dismissal from the case and the entry of final Judgement, and that the trial court erroneously denied Sells any opportunity to file a cost bill by failing to give Sells notice of entry of final Judgement. We hold that Sells was not precluded from filing its cost bill during the time intervening between dismissal of Doolittle's claim against Sells and dismissal of Doolittle's claims against the remaining defendants and that the trial court was not required to give Sells notice of entry of final Judgement.
FACTS
STOWW is a non-profit corporation composed of Native American tribes organized to promote and enhance the principles of tribal self- determination and sovereignty. The record contains the following description of STOWW's function: "In a nutshell, STOWW writes grants and administers programs for small, member tribes who alone would not have the resources to do the same on an individual tribal basis." Clerk's Papers at 576. STOWW receives in excess of $100,000 in annual federal financial assistance; accordingly
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