Facts:  Petitioner Matthew Cudney was fired from his job as a service manager with respondent Alsco, Inc. after complaining to his supervisor that the branch general manager was driving company vehicles under the influence of alcohol.  Cudney subsequently filed suit against Alsco in the Superior Court for Spokane County, asserting that he was wrongfully discharged in violation of public policy.  Alsco removed the case to the United States District Court for the Eastern District of Washington.  The district court certified to the Supreme Court of Washington the question of whether a claim for wrongful discharge in violation of public policy can be brought in response to a termination arising from the reporting of driving under the influence of alcohol.  In particular, the district court certified the question of whether the Washington Industrial Safety and Health Act (Washington Revised Code §49.17) and the state’s laws against driving under the influence of alcohol adequately promote the state’s public policies of promoting workplace safety, protecting workers who report safety violations, and protecting the public from drunk drivers and therefore preclude Cudney’s claim.

Question(s):   Do the Washington Industrial Safety and Health Act and the state’s laws against driving under the influence of alcohol adequately promote the state’s public policies of promoting workplace safety, protecting workers who report safety violations, and protecting the public from drunk drivers so as to preclude claims by terminated employees for wrongful discharge in violation of public policy?       

Conclusion:  Justice Owens’ opinion for the Court concluded that the Washington Industrial Safety and Health Act, which provides extensive protections and remedies to employees who suffer retaliation for filing complaints related to workplace safety, adequately promotes the state’s public policies of promoting workplace safety and protecting workers who report safety violations and therefore precludes Cudney’s claim.  The Court also held that Cudney’s claim is precluded by the fact that the state’s laws against driving under the influence of alcohol adequately promote the state’s policy of protecting the public from drunk drivers.

Docket No. 83124-6 (from Federal)

Plaintiff: Matthew Cudney

(Counsel: Keller W. Allen)

Defendant: Alsco, Inc.

(Counsel: Bryce James Wilcox)

Briefs:

Argument: Tuesday, January 12, 2010 9:00am

[Source: TVW, http://tvw.org]

Decided: Thursday, September 1st, 2011

Prevailing Party: Alsco, Inc. (Defendant)

Vote: 5-4

Citation: Pending

Madsen

Johnson

Alexander

Sanders

Chambers

Owens
(Majority)

Fairhurst

Johnson

Stephens
(Dissent)

Opinion

Dissent