Ransom v. HBE Corp.
Ransom v. HBE Corp.
Opinion of the Court
MEMORANDUM
Karl Ransom filed this diversity action claiming that he was wrongfully fired from
The only issues before us involve Oregon state law. We affirm the district court’s grant of summary judgment on the wrongful-discharge claim because our decision is controlled by the Oregon Supreme Court’s decision in Walsh v. Consolidated Freightways, Inc., 278 Or. 347, 563 P.2d 1205 (1977). We agree with Ransom that there are some inconsistencies with Walsh in subsequent Oregon cases dealing with claims of employment discrimination. See, e.g., Holien v. Sears, Roebuck & Co., 298 Or. 76, 689 P.2d 1292 (1984). Nevertheless, the Oregon Supreme Court has never explicitly overruled Walsh, and it remains controlling precedent in the area of workplace safety.
Ransom contends that the OSEA provisions are not sufficient to vindicate the public interest affected by his discharge. He stresses that when the asbestos in question was revealed, he complained not only of the risk facing his fellow construction workers, but also of the risk facing the patients and employees in the hospital where the construction was taking place. He analogizes his discharge to that of an employee performing a civic duty such as jury duty. See, e.g., Nees v. Hocks, 272 Or. 210, 536 P.2d 512 (1975).
The problem with Ransom’s contention is that the record does not demonstrate that he was fired for expressing concern about the safety of hospital patients and staff. Thus, to the extent that Ransom has actually brought two wrongful discharge claims — one for termination in retaliation to his workplace safety complaints, and one for termination in retaliation to his public safety complaints — the former is preempted, and the latter fails because Ransom has not demonstrated causation. When bringing a claim for wrongful discharge, the plaintiff “must establish a ‘causal connection’ between a protected activity and the discharge.” Estes v. Lewis and Clark College, 152 Or.App. 372, 954 P.2d 792, 796-97 (citing Shockey v. City of Portland, 313 Or. 414, 837 P.2d 505 (Or. 1992)). Nothing in the record indicates that Bruce Gray, the HBE agent responsible for Ransom’s termination, knew about the concern Ransom expressed for the hospital patients and staff. There is therefore no evidence in the record from which a reasonable jury could conclude that Ransom was fired for standing up on behalf of the hospital patients and staff. Consequently, Ransom’s characterization of his protected activity as an act that promotes public safety (and not merely workplace safety) may allow him to avoid preemption, but places him in a situation where he cannot substantiate the causation element of his claim.
Ransom also presents a claim under OR. REV. STAT. § 659.550 (renumbered as § 659A.230), Oregon’s whistle-blower statute, that his termination was in retaliation for his good-faith “reporting of criminal activity” to his co-workers and
AFFIRMED.
This disposition is not appropriate for publication and may not be cited to or by tbe courts
Case-law data current through December 31, 2025. Source: CourtListener bulk data.