FLENKER v. WILLAMETTE INDUSTRIES, INC.

No. 80,408.

266 Kan. 198 (1998)

967 P.2d 295

DAVID FLENKER, Appellant, v. WILLAMETTE INDUSTRIES, INC., Appellee.

Supreme Court of Kansas.

Opinion filed November 6, 1998.


Attorney(s) appearing for the Case

Stephen J. Dennis, of Overland Park, argued the cause and was on the brief for appellant.

Rody P. Biggert, of Seyfarth, Shaw, Fairweather & Geraldson, of Chicago, Illinois, argued the cause, and John L. Vratil, of Lathrop & Gage, L.L.C., of Overland Park, was with him on the brief for appellee.


The opinion of the court was delivered by

SIX, J.:

The United States Court of Appeals for the Tenth Circuit has certified the following question to this court under K.S.A. 60-3201:

"Does the remedy provided by OSHA § 11(c) [29 U.S.C. § 660(c) (1994)] for employees who allege that they have been discharged in retaliation for filing complaints under that statute preclude the filing of a Kansas common law wrongful discharge claim under Kansas...

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