Today's Opinions: You can't quit, you're fired!
Briggs, et. al. v. Nova Services, et. al., No. 79615-7. A group of employees of Nova Services, including several managers, objected to their new executive director. They complained to the nonprofit's board of directors. The board investigated the objections, determined that the issues stemmed from "personal animosity," and three of the employees were fired. Six others refused to come to work and were considered as having quit their employment. Eight of the employees filed a complaint alleging several causes of action including violations of RCW 49.32.020, a Depression-era statute protecting workers in "concerted activities for the purpose of collective bargaining or other mutual aid or protections...." The trail court granted Nova Services' motion for summary judgment.
The Court of Appeals upheld the trial court, finding that RCW 49.32.020 did not apply "because the Employees' concerns did not relate to a term or condition of employment. It also held that the statute does not protect management-level employees. The Supreme Court today upholds the lower courts with a lead opinion by Justice Jim Johnson and concurrences by Justices Charles Johnson and Madsen. Justice Owens, joined by Justices Chambers, Fairhurst, and Stephens, dissent, arguing for a much broader exception to at-will employment, including protection for "employee protests over management personnel decisions ... when the decision relates to the employees' working conditions." Congratulations to the Pacific Legal Foundation, which filed an amicus brief explaining the importance of at-will employment. (Briefs, Argument)
In re Discipline of Hicks, No. 200,606-0. Attorney Richard S. Hicks appeals a recommendation of the Washington State Bar Association Disciplinary Board. The Board recommends that he be suspended from the practice of law for two years for failing to properly manage client funds. The Bar Association also challenges that the sanction here is too mild. The Court unanimously upholds the Board's recommendation. (Briefs, Argument)
