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

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meeting to discuss his disobedience, Martin belligerently protested the need to appear.

When counseled regarding his disobedience, he heatedly left the meeting, abandoned his

duties, and insisted that a co-employee complete his tasks. While on leave, he disobeyed

a directive not to contact other employees of Gonzaga University. He persisted on

contacting the Gonzaga University president. He refused to heed the presidential

assistant's direction to follow protocol.

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No. 34103-8-111
Martin v. Gonzaga University

David Martin's earlier job performance evaluations showed him to lack

interpersonal and professional communication skills with coworkers, issue abrasive and

insensitive written communications, and neglect job responsibilities. His conduct

immediately preceding his dismissal confirmed these observations. Martin resented

supervision. After his discharge, he contacted Gonzaga University's president and

athletics director and, instead of apologizing for insubordination, he criticized his

superiors, lectured about restructuring the Athletics Department, and suggested he be

promoted. A business and a university cannot effectively function when an employee

continually and angrily flaunts the directives of his supervisor and interrupts the

university president to advocate the employee's interests. Even if Gonzaga University

officials sought to retaliate against David Martin for his raising of safety concerns, the

undisputed facts confirm that an overriding justification validated the dismissal from

employment.

Personnel File

David Martin brings a second cause of action. He contends that Gonzaga