Certification From the United States District Court for the Eastern District of Washington in John C. Wilmot…

Summary

The Washington Supreme Court, answering certified questions and reviewing Moran, held that RCW 51.48.025 is not mandatory and exclusive: an employee may bring a common law wrongful discharge tort claim based on retaliatory discharge for filing or intending to file a workers' compensation claim. The court adopted the substantial factor causation test for the employee's ultimate burden of persuasion, held that a neutral absenteeism policy may be a legitimate reason for discharge but does not bar liability if retaliation was a substantial factor, and held that filing a 90-day complaint with the Director is not a condition precedent to a tort action. It also held the statute does not preclude a tort of outrage claim.