 |
 |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|
|
|
|
Webb v. Puget Sound Broadcasting company12/28/1998
Judges: Authored by Faye C. Kennedy Concurring: Walter E. Webster Mary K. Becker
To maintain a cause of action under the public policy exception to the terminable-at-will doctrine, the employee bears the burden of establishing, as a matter of law, the existence of a clear mandate of public policy and that his or her discharge contravenes or jeopardizes that public policy. In this case, Michael Webb alleges that he was discharged because he is a homosexual. Webb, however, fails to cite any constitutional, statutory, or regulatory provision or scheme establishing that discharging an employee based on his or her sexual orientation contravenes a clear mandate of public policy. Therefore, we must conclude that the trial court properly dismissed Webb's wrongful discharge claim under CR 12(b)(6) for failing to state a cause of action upon which relief could be granted.
FACTS
In April 1997, Webb, a homosexual, sued Puget Sound Broadcasting for wrongful discharge, alleging that his employment was terminated in violation of public policy and Seattle Municipal Code 14.04, based on his sexual orientation. In addition, Webb sued Puget Sound Broadcasting for defamation and tortious interference with an economic relationship, and Sandusky Newspapers, Inc. for wrongful discharge, defamation, tortious interference with an economic relationship, and breach of contract. According to the factual allegations in Webb's complaint, Webb began working for Puget Sound Broadcasting at KRWM as an on-air personality in October 1994. Sometime before July 1996, Puget Sound Broadcasting began negotiating the sale of KRWM to Sandusky Newspapers, Webb's former employer. Sandusky Newspapers knew that Webb was a homosexual, and the negotiations between Puget Sound Broadcasting and Sandusky Newspapers included Discussions regarding Webb's employment. On July 9, 1996, Puget Sound Broadcasting accused Webb of airing an abundance of shows with "gay themes." Puget Sound Broadcasting claimed that 60 percent of Webb's shows had "gay themes" while Webb maintained that, at most, around 10 percent of his shows (6 of 55) contained "gay themes." On July 16, 1996, Puget Sound Broadcasting terminated his employment. On July 18, 1996, Sandusky Newspapers agreed to purchase KWRM.
Puget Sound Broadcasting moved to dismiss Webb's claims for wrongful discharge, defamation, and tortious interference with an economic relationship under CR 12(b)(6). The trial court granted Puget Sound Broadcasting's motion to dismiss Webb's defamation and tortious interference claims, as well as his wrongful discharge claim, concluding that "there is no clearly articulated public policy sufficient to create an exception to the employment at will doctrine in instances where homosexuals are terminated from employment because of their sexual orientation." Clerk's Papers at 89. Webb appeals the dismissal of his wrongful discharge claim against Puget Sound Broadcasting.
DISCUSSION
Under CR 12(b)(6), a complaint can be dismissed if the plaintiff fails "to state a claim upon which relief can be granted{.}" When considering a motion to dismiss under CR 12(b)(6), the allegations in the complaint "are presumed to be true and a court may consider hypothetical facts not included in the record." Tenore v. AT & T Wireless Servs., 136 Wn.2d 322, 330, 962 P.2d 104 (1998). "CR 12(b)(6) motions should be granted 'sparingly and with care' and 'only in the unusual case in which plaintiff includes allegations that show on the face of the complaint that there is some insuperable bar to relief.'" Id. (citations omitted). We review a trial court's dismissal under this rule, like all questions of law, de novo. Id. at 329-30.
Page 1 2 3 4 5 Washington Employee Leasing Services
Employee Leasing Services
|
| |
to fill out a simple form to connect to Employee Leasing Services in your area.
|
|