Wash. Court of Appeals published opinion — 341038_pub.pdf

Citation: Wash. Court of Appeals published opinion — 341038_pub.pdf
Jurisdiction: Washington (state)
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Original Source: https://www.courts.wa.gov/opinions/pdf/341038_pub.pdf ↗

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For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

No. 34103-8-III

KORSMO, J. (dissenting in part)- I agree with both the lead and concurring

opinions that summary judgment was properly granted to Gonzaga University. The

university did establish that Mr. Martin was terminated due to insubordination, and he

also failed to establish that the gymnasium safety issue was the cause for his termination.

However, I disagree with the decision of my colleagues to remand the personnel file issue

to superior court. That claim is not yet justiciable.

The legislature did not create a judicial cause of action when it enacted RCW

49 .12.240 and .250 governing personnel files. 1 Neither statute indicates that an employee

has immediate recourse to the courts. The two provisions are part of the Industrial

Welfare chapter of the Revised Code of Washington. Enforcement authority under that

chapter is vested with the Director of the Department of Labor and Industries (DLI).

RCW 49.12.033; RCW 43.22.270(5).

DLI, in turn, has enacted a series of regulations to enforce the various provisions

of chapter 49 .12 RCW. See Chapter 296-126 WAC. The provision primarily relevant to

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A companion provision limits application of these statutes. The statutes do not
apply in criminal cases and in civil cases where the records are not otherwise
discoverable. RCW 49.12.260.
For the current opinion, go to https://www.lexisnexis.com/clients/wareports/.

No. 34103-8-III
Martin v. Gonzaga University

this issue is WAC 296-126-050 that requires employers to keep records on their

employees for three years after termination of employment and also requires the

employer to make the file available for inspection by the employee at a reasonable time. 2