Wash. Court of Appeals published opinion — 309941.cor.pdf

Citation: Wash. Court of Appeals published opinion — 309941.cor.pdf
Jurisdiction: Washington (state)
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The Washington State Supreme Court recognized the tort of wrongful discharge in

violation of public policy in Thompson v. St. Regis Paper Company, 102 Wn.2d 219,685

P.2d 1081 (1984). The Supreme Court later defined the tort's elements:

The plaintiffs must prove the existence of a clear public policy (the clarity
element).
The plaintiffs must prove that discouraging the conduct in which they
engaged would jeopardize the public policy (the jeopardy element).
The plaintiffs must prove that the public-policy-linked conduct caused the
dismissal (the causation element).
The defendant must not be able to offer an overriding justification for the
dismissal (the absence ofjustification element).

Gardner v. Loomis Armored Inc., 128 Wn.2d 931,941,913 P.2d 377 (1996) (citations

omitted).

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No.30994-1-III
Brownfield v. City o/Yakima

We question whether Jeff Brownfield's version of the facts supports any of the

four elements of the tort of wrongful discharge in violation of public policy. We focus

only on the third element--causation.

Several rulings of United States District Court Judge Robert Whaley bind Jeff

Brownfield and preclude ajudge or jury in this suit from finding that Jeff Brownfield's

purported whistleblowing caused his termination from employment. Judge Whaley

determined that Brownfield was not terminated for exercising his free speech rights. In

other words, the city of Yakima did not fire Brownfield for speaking about Officer Joe

Dejournette' s shortcomings, Lieutenant Mike Merryman's favoritism toward Brownfield,

or any improper accounting for funds at YPAL. Judge Whaley also ruled that: "[N]o