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DYMOCK v. NORWEST SAFETY PROTECTIVE EQUIP.

(16-98-18369, CA A105112)

19 P.3d 934 (2001)

172 Or. App. 399

Frederick C. DYMOCK, Jr., Appellant, v. NORWEST SAFETY PROTECTIVE EQUIPMENT FOR OREGON INDUSTRY, INC., an Oregon corporation, Respondent.

Court of Appeals of Oregon.

Decided February 14, 2001.

Attorney(s) appearing for the Case

David Jensen, Eugene, argued the cause for appellant. With him on the briefs was Jensen, Elmore & Stupasky, P.C.

Terrence J. Hammons argued the cause for respondent. With him on the brief was Hammons & Mills, Eugene.

Before HASELTON, Presiding Judge, and DEITS, Chief Judge, and WOLLHEIM, Judge.

HASELTON, P.J.

Plaintiff appeals from a judgment dismissing his complaint for failure to state ultimate facts sufficient to constitute a claim for wrongful discharge. ORCP 21 A(8). The issue is whether plaintiff, fired for refusing to sign a noncompetition agreement, has stated a claim for wrongful discharge against his former employer. For the reasons set forth below, we reverse and remand.

In reviewing a judgment of dismissal, we consider only the facts...

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