Wash. Court of Appeals published opinion — 341038_pub.pdf

Citation: Wash. Court of Appeals published opinion — 341038_pub.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/341038_pub.pdf ↗

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IN THE COURT OF APPEALS OF THE STATE OF WASHINGTON
DIVISION THREE

DAVID MARTIN, a single person, ) No. 34103-8-111
)
Appellant, )
)
V. ) PUBLISHED OPINION
)
GONZAGA UNIVERSITY, )
)
Respondent, )
)
CHRIS STANDIFORD AND "JANE )
DOE" STANDIFORD, a marital )
community, )
)
Defendants. )

FEARING, C.J. -David Martin sues his former employer, Gonzaga University, for

discharge in employment in violation of public policy and for a violation of a statute

allowing an employee access to his personnel file. We affirm a summary judgment

dismissal of the wrongful discharge claim. Martin fails to present evidence to support the

fourth element of the claim, that element being the absence of an overriding justification

for Gonzaga University to fire Martin. The undisputed facts, including Martin's own
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No. 34103-8-III
Martin v. Gonzaga University

words, establish insubordination. We reverse the summary judgment dismissal of

Martin's claim that the university denied him access to his personnel file on the ground

that Gonzaga University failed to provide testimony that it produced all of the file to

Martin.

Few decisions delineate the nature of the overriding justification element of the

wrongful discharge in violation of public policy cause of action. We devote pages to

define and demarcate the element.

FACTS

This lawsuit arises from the employment of David Martin at Gonzaga University's

Rudolf Fitness Center (RFC). Because the trial court granted Gonzaga University's

summary judgment motion, we recite the facts in a light most favorable to David Martin,

although we also include some of the university's evidence.