Dymock v. Norwest Safety Protective Equipment for Oregon Industry, Inc.

Plaintiff appeals from a judgment dismissing his complaint for failure to state ultimate facts sufficient to constitute a claim for wrongful discharge. ORCP 21 A(8). The issue is whether plaintiff, fired for refusing to sign a noncom-petition agreement, has stated a claim for wrongful discharge against his former employer. For the reasons set forth below, we reverse and remand.

In reviewing a judgment of dismissal, we consider only the facts alleged in the complaint. Well pleaded allegations, and reasonable inferences that can be drawn from those allegations, are accepted as true. “A pleading…