00-2473 Bammert v. Don's Super Valu, Inc.

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“The public policy exception to the employment-at-will doctrine is a narrow exception that allows at-will employees to sue for wrongful discharge if they are fired for fulfilling, or refusing to violate, a fundamental, well-defined public policy or an affirmative legal obligation established by existing law. It has never been extended to terminations in retaliation for conduct outside the employment relationship; neither has it been applied to terminations in retaliation for the conduct of someone other than the terminated employee. To allow it here would therefore expand the exception beyond its present boundaries in two significant and unprecedented ways, with no logical limiting principles. …

“Bammert was not fired for her participation in the enforcement of the laws against drunk driving; she was fired for her husband’s participation in the enforcement of those laws. Discharges for conduct outside of the employment relationship by someone other than the discharged employee are not actionable under present law. The public policy generally favoring the stability of marriage, while unquestionably strong, provides an insufficient basis upon which to enlarge what was meant to be, and has always been, an extremely narrow exception to employment-at-will.”

The decision of the court of appeals is affirmed.

DISSENTING OPINION: Bablitch, J., with whom Abrahamson, Ch. J. and Bradley, J., join. “Retaliation for Bammert’s husband’s actions as a police officer was the reason Bammert was fired. In my view, this is unacceptable. There is a strong public policy in vigorous enforcement of the law. Society is not served by police officers being influenced in how they do their job because of the potential consequences of a retaliatory firing. Furthermore, extending the employment at-will doctrine to protect police officers is consistent with past precedent. Unfortunately, the majority opinion does not agree. The result is that an individual will be able to influence a police officer in the form of a retaliatory firing. For these reasons, I respectfully dissent.”

Court of Appeals, Sykes, J.

Attorneys:

For Appellant: Matthew A. Biegert, Brian H. Saude, New Richmond

For Respondent: Phillip M. Steans, Menomonie