House Plans: Bates Technical College

Bates Technical College

Bates Technical College (Bates), a Washington State-operated vocational-technical institution, employed Kelly Smith as a television traffic programmer. ¹ Washington law entitled her to civil service protection, and the collective bargaining agreement (CBA) of her state employees union also afforded her negotiated grievance procedure coverage. ²

Bates fired Smith, an eight-year employee, for alleged disruptive and insubordinate behavior. ³Smith filed a grievance under the CBA, protesting her termination. ⁴ She also filed charges with the State under civil service laws, claiming unfair labor practices. ⁵ Smith's grievance proceeded to arbitration, where the arbitrator issued an award in her favor. ⁶ Bates reinstated Smith to a comparable position and provided back pay and related benefits. ⁷ Smith then filed suit in Pierce County Superior Court, seeking damages for various tort and statutory claims. ⁸ The trial court granted Bates's summary judgment motion in part and dismissed Smith's wrongful discharge claim for failure to exhaust her remedies. ⁹ The Washington Supreme Court ultimately reversed the trial court's dismissal of Smith's wrongful discharge in violation of public policy claim. ¹⁰

In its January 27, 2000 decision, the Washington Supreme Court held that the common law tort of wrongful discharge in violation of public policy is available to all employees, whether terminable-at-will or covered by a CBA or other administrative procedure. ¹¹ The court also held that an employee need not exhaust contractual or administrative remedies before bringing an independent tort action of this kind. ¹² Previously, the public ...