Wash. Court of Appeals published opinion — D2 52293-4-II Published Opinion.pdf

Citation: Wash. Court of Appeals published opinion — D2 52293-4-II Published Opinion.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/D2%2052293-4-II%20Published%20Opinion.pdf ↗

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.
No. 52293-4-II

Mackey acknowledged that there was accidental “double dipping” on some of her sales

because other associates had applied additional discounts to the orders while processing them.

She admitted that one incident of double dipping was intentional on her part, but that Krall had

authorized the additional discount.

Mackey disputed that she had ever given a customer a markdown over the threshold

without manager approval. She disputed that she had actually given $17,000 in unauthorized

discounts, and contended that a report of her volume discount bids cross-referenced with a report

of her orders sold would rebut this amount.

Mackey also summarized the details of her September 26 incident with Krall, and she

stated that she had reported the incident to Tilton.

Mackey’s Lawsuit

Mackey filed a lawsuit against Home Depot, Krall, and Isles, alleging four causes of

action: (1) discriminatory discharge, (2) retaliation for opposing an unlawful practice, (3)

wrongful discharge in violation of public policy, and (4) failure to provide reasonable

accommodation. All but the wrongful discharge in violation of public policy claim alleged a

violation of the Washington Law Against Discrimination (WLAD), chapter 49.60 RCW.

Home Depot moved for summary judgment, arguing that Mackey’s termination was

justified by the findings of the asset protection investigation and that the accommodations

provided to Mackey were reasonable.

In response, Mackey argued that the fact the investigation into her conduct was initiated

only after she reported her incident with Krall to store management created an issue of fact