DAVID PATTON, Petitioner on review/Respondent on review, v. J.C. PENNEY CO., INC., a Delaware corporation; WALLACE McKAY; and RICHARD CHAPIN, Respondents on review/Petitioners on review, 301 Ore. 117
Summary
Petitioner at-will employee filed suit against respondents, employer and its supervisor, alleging both wrongful discharge and intentional infliction of severe emotional distress. The trial court granted respondents' motion to dismiss for failure to state a claim on both counts. The appellate court affirmed the trial court's dismissal of petitioner's wrongful discharge claim, but reversed the dismissal of the intentional infliction of severe emotional distress claim and remanded for a new trial. The appellate court's judgment was affirmed as to the dismissal of the wrongful discharge claim and reversed as to the intentional infliction of the severe emotional harm claim. The court held that respondents' act of discharging petitioner because his supervisor did not approve of his private relationship with a co-employee was not actionable. Petitioner did not show that the action fit under an exception to the general rule, and plaintiff was subject to the traditional doctrine of "fire at ...