357 P.3d 755
Wyo.2015Background
- King hired as an automobile painter at Cowboy Dodge in Cheyenne on Feb 16, 2009.
- He injured his back on Dec 3, 2010 and reported the injury to supervisor Gardner on Dec 6, 2010.
- Gardner directed chiropractic care and told King a WC claim would be untimely, later allowing filing; a WC report was filed Jan 24, 2011.
- WC accepted late filing Feb 16, 2011; eight days later King was terminated by Gardner with no stated reason.
- King's claim sought tort damages for retaliatory discharge; district court granted summary judgment for Dodge.
- Wyoming Supreme Court reversed, applying a 'substantial and motivating factor' standard and remanding for trial on causation and potential damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Causation between WC claim and discharge | King: filing a claim was a substantial factor | Dodge: termination based on paint errors, not the claim | Material fact issues exist; trial warranted |
| Damages for retaliatory discharge including emotional distress | King may recover emotional distress as tort damages if causally linked | Damages limited or contingent on established retaliation | Potential emotional distress damages could be recoverable; issues for trial |
| Pretext and burden-shifting sufficiency at summary judgment | Evidence could show pretext and retaliatory motive | Primary reasons were legitimate performance issues | Summary judgment improper; material facts exist for jury to resolve |
Key Cases Cited
- Griess v. Consolidated Freightways Corp. of Delaware, 776 P.2d 752 (Wyo. 1989) (retaliatory discharge recognized under Wyoming law as tort)
- Cardwell v. American Linen Supply, 843 P.2d 596 (Wyo. 1992) (establishes burden-shifting framework for retaliation claim)
- St. Mary’s Honor Ctr. v. Hicks, 509 U.S. 502 (U.S. 1993) (McDonnell Douglas burden-shifting framework interacts with ultimate persuasion burden)
- Lankford v. True Ranches, Inc., 822 P.2d 868 (Wyo. 1991) (early retention of retaliation standard in Wyoming)
- Buckner v. General Motors Corp., 760 P.2d 803 (Okla. 1988) (concept of 'consequent' causal link discussed in Cardwell lineage)