Griess v. Consolidated Freightways Corp. of Delaware, 89-19
| Decision Date | 05 July 1989 |
| Docket Number | No. 89-19,89-19 |
| Citation | 776 P.2d 752 |
| Parties | 4 IER Cases 839 Mark GRIESS and Robert Pate, Petitioners, v. CONSOLIDATED FREIGHTWAYS CORPORATION OF DELAWARE, Steve Lindner, and Does I and II, Respondents. |
| Court | Wyoming Supreme Court |
Bernard Q. Phelan, Cheyenne, for petitioners.
George Santini of Graves, Santini & Villemez, Cheyenne, for Wyoming Trial Lawyers Associations, Amicus Curiae Committee in support of position of petitioners.
George Zunker of Sullivan & Zunker, Cheyenne, and Lee Dale (argued) and Gilbert M. Roman of Sherman & Howard, Denver, Colo., for respondents.
Before CARDINE, C.J., and THOMAS, URBIGKIT, MACY and GOLDEN, JJ.
We are presented with the following certified question from the United States Court of Appeals, Tenth Circuit:
"Whether Wyoming law provides an employee, injured in the course of his employment, a cause of action against his employer for retaliatory discharge based upon a violation of the State's public policy, where the employer discharges the employee as a result of the employee's worker's compensation claim and where the employee is not covered by the terms of a collective bargaining agreement."
We answer this question in the affirmative.
The following facts are taken from the certification order. Mark Griess and Robert Pate were employed by Consolidated Freightways (CF) as part-time or "casual" dockworkers. Griess and Pate were injured in separate accidents involving a forklift while working for CF and were told by CF that they would not be called back to work if they filed worker's compensation claims. Ignoring this warning, both filed claims. CF removed their names from the list of available workers.
Griess and Pate filed suit in Wyoming state court, alleging retaliatory discharge in violation of state public policy and culpable negligence on the part of coworkers. CF removed the action to federal district court, which granted summary judgment to defendants. Griess and Pate appealed from the summary judgment, and the federal circuit court of appeals certified the aforementioned question to this court.
The historic rule in Wyoming has been that employment for an indefinite period may be terminated by either party at any time and for any reason without incurring liability. Rompf v. John Q. Hammons Hotels, Inc., 685 P.2d 25, 27 (Wyo.1984). We have previously discussed the availability of a tort action for retaliatory discharge as an exception to the general rule of "at will" employment. In Allen v. Safeway Stores, Inc., 699 P.2d 277, 284 (Wyo.1985) we said:
While in Allen we declined to recognize a cause of action for retaliatory discharge where another remedy was available, we noted that the case did not involve "discharge in retaliation for filing worker's compensation claims." Allen, 699 P.2d at 284; see also Rompf, 685 P.2d 25, 27-28, n. 1.
In the present case, another remedy is not available, and recognition of an action in tort will protect the exercise of statutory rights and vindicate the public policy expressed in Wyoming's constitution and statutes. Thus, Art. 19, § 7 of the Wyoming constitution provides:
"It shall be unlawful for any person, company or corporation, to require of its servants or employes as a condition of their employment, or otherwise, any contract or agreement whereby such person, company or corporation shall be released or discharged from liability or responsibility, on account of personal injuries received by such servants or employes * * *."
Article 10, § 4 of the Wyoming constitution provides in pertinent part:
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...on other grounds, 657 F.2d 962 (en banc), cert. denied, 454 U.S. 1064, 102 S.Ct. 615, 70 L.Ed.2d 601 (1981).3 Griess v. Consolidated Freightways Corp., 776 P.2d 752 (Wyo.S.Ct.1989); Springer v. Weeks & Leo Co., 429 N.W.2d 558, 560-61 (Iowa 1988); Coleman v. Safeway Stores, Inc., 242 Kan. 80......
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Court Summaries
...first recognized the tort of retaliation for fling a workers’ compensation claim in Griess v. Consolidated Freightways Corp. of Delaware, 776 P.2d 752 (Wyo. 1989). Griess was a direct evidence case given that part-time dock workers were advised by the employer they would not be called back ......