Legal Remedies Commons^™

Smith V. Bates Technical College: Washington Extends The Availability Of The Tort Of Wrongful Discharge In Violation Of Public Policy, But A Little Too Far: Employees Should Still Exhaust Other Remedies, Richard A. Morris

Seattle University Law Review

This Note will present and analyze two significant issues addressed by the Smith court. First, the court properly decided that state common law claims are not preempted by collective bargaining agreements or available administrative procedures. Second, the court incorrectly determined that exhaustion of administrative or contractual remedies is not a prerequisite to seeking tort relief in court. The judiciary should give deference to administrative or contractual procedures specifically designed to resolve the matter in dispute. This Note will analyze the preemption issue by first examining, in Part II, the general function of common law torts, the doctrine of employment-at-will, and …