Deatherage v. Johnson

Plaintiff appeals from a limited judgment dismissing her common-law claim for wrongful discharge. She based that claim on the allegation that defendant, her employer, fired her in retaliation after she contacted the Oregon Occupational Safety and Health Division (OR-OSHA) to report health and safety violations at employer’s place of business. The trial court granted defendant’s motion to dismiss on the ground that the common-law tort of wrongful termination is not available to a plaintiff who has an adequate statutory remedy and that, in Walsh v. Consolidated Freightways, 278 Or 347, 563 P2d…