Graham v. Albertsons
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The Supreme Court reversed the judgment of the district court granting Albertson's LLC's motion for partial summary judgment concluding that the Utah Occupational Safety and Health Act (UOSHA) preempted Plaintiff's wrongful termination claim, holding that UOSHA does not reflect a clear legislative intent to preempt common law remedies.
In his complaint, Plaintiff alleged that Albertson's fired him because he reported a workplace injury. Plaintiff asserted three causes of action - wrongful termination in violation of public policy, breach of contract, and breach of the implied covenant of good faith and fair dealing. The district court concluded that UOSHA preempted Plaintiff's claim for wrongful termination. The Supreme Court reversed, holding that where UOSHA contains no exclusive remedy provision and where Utah Code 34A-6-110(1) instructs that UOSHA does not limit or repeal other legal obligations, it cannot be concluded that UOSHA's structure and purpose demonstrate a legislative intent to preempt common law causes of action.
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