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SHEETS v. KNIGHT

TC 23-331; CA A41675; SC S35714.

779 P.2d 1000 (1989)

308 Or. 220

Robert A. SHEETS, Petitioner On Review, v. F.E. KNIGHT, Carol Williams, and Gerald Woodward, Individually and in Their Capacity As County Commissioners; and Tillamook County; Jointly and Severally, Respondents On Review.

Supreme Court of Oregon.

Decided August 29, 1989.

Reconsideration Denied October 26, 1989.

Attorney(s) appearing for the Case

David Gernant, Portland, argued the cause and filed the petition for petitioner on review.

I. Franklin Hunsaker, III, Portland, argued the cause for respondents on review. With him on the response were Christopher A. Rycewicz and Bullivant, Houser, Bailey, Pendergrass and Hoffman, Portland.

Robert D. Durham, Portland, argued the cause for amici curiae Oregon Educ. Ass'n; American Federation of State, County and Mun. Employees, Council 75; and Oregon AFL-CIO. With him on the brief were Margaret S. Olney and Durham, Drummonds, Smith & Wiser, Portland.

Elden M. Rosenthal, Portland, argued the cause for amicus curiae plaintiff Employment Lawyers Ass'n. With him on the brief was Rosenthal & Greene, Portland.

Richard C. Busse and Donald B. Potter, Portland, filed a brief on behalf of amicus curiae Oregon Trial Lawyers Ass'n.

Jeffrey M. Batchelor, Mark M. Loomis, Scott T. Cliff and Spears, Lubersky, Bledsoe, Anderson, Young & Hilliard, Portland, filed a brief on behalf of amici curiae Oregon Ass'n of Defense Counsel and Associated Oregon Industries.

Before PETERSON, C.J., and LINDE, CARSON, JONES, VAN HOOMISSEN and FADELEY, JJ.

PETERSON, Chief Justice.

We decide whether an employee's forced resignation may be a discharge so as to serve as the predicate for a claim of wrongful discharge. If a resignation may amount to a constructive discharge, then we must determine whether the trial court properly granted the defendants' motion to dismiss the plaintiff's second claim for wrongful discharge.

THE PLEADINGS AND THE FACTS OF THE CASE

We take the facts from the plaintiff's second...

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