EMPLOYER LIABILITY EXPANDED IN DOMESTIC VIOLENCE SITUATIONS (11/01/2008)
The Washington Supreme Court recently expanded a significant exception to the at-will employment doctrine in Danny v. Laidlaw Transit Services. The court, in a 3-2-2-2 split over four separate opinions, held that an employer may be liable for wrongful discharge in violation of public policy for terminating an at-will employee for absenteeism related to domestic violence issues. Combined with the passage of HB 2602 in 2008 mandating all employers provide a “reasonable” leave of absence for domestic violence victims, this decision means employers must carefully evaluate human resource decisions when the unfortunate situation of domestic violence comes into play.