Walker v. Oregon Travel Information Council
Annotate this CasePlaintiff Kyle Walker persuaded a jury that her public employer had wrongfully discharged her from her at-will position for blowing the whistle on what she reasonably believed to be her employer’s violations of law. The trial court had denied her employer’s motions for a directed verdict, and the court entered a judgment that awarded her damages on that claim. The Court of Appeals reversed, holding that, notwithstanding the jury verdict in her favor, plaintiff’s action had not served an important public policy. The Oregon Supreme Court reversed, finding the appellate court incorrectly concluded that the threshold issue, whether plaintiff had identified an important public policy that permitted her to assert the tort of wrongful discharge, depended on whether she had reasonably believed that her employer had violated the law; instead, the Court found that threshold issue properly turned on sources of law that support the asserted public policy and whether those sources of law were tied to the acts by plaintiff that led her employer to discharge her. The Supreme Court further concluded that whether plaintiff had a reasonable belief that her employer had violated the law - the disputed element of whistleblowing on appeal - was a question of fact for the factfinder and that the record contained evidence that supported the jury’s finding.
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