Summary 2009 WY 84

Summary of Decision issued July 1, 2009

Summaries are prepared by Law Librarians and are not official statements of the Wyoming Supreme Court.

Case Name: McGarvey v. Key Property Management, LLC

Citation: 2009 WY 84

Docket Number: S-08-0194

Appeal from the District Court of Sweetwater County, the Honorable Nena R. James, Judge.

Representing McGarvey: Timothy Kingston, Graves, Miller & Kingston, PC, Cheyenne, Wyoming.

Representing Key Property: Kathleen Dixon and Patrick Dixon, Chapin & Dixon, Casper, Wyoming.

Facts/Discussion: McGarvey filed a wrongful termination suit against her employer, claiming she was discharged from her job for reasons that violate public policy. McGarvey worked at a low-income housing facility in Rock Springs. At some point during renovations that were taking place, she organized a meeting for the residents to bring their problems to the attention of the Mayor. McGarvey received a letter noting the “unauthorized tenant meeting” which she “knew would be harmful to the company” shortly prior to her discharge. Her employers maintained there were other legitimate reasons for their decision to terminate her employment as well.
The Court noted that both parties agreed she was an at-will employee. Wyoming recognizes an exception that an employer may incur tort liability if it discharges an employee for reasons that violate public policy. McGarvey’s employers were not state or federal actors and therefore cannot be held liable under the federal constitution. Appellant noted that the free speech provision of the Wyoming constitution is worded differently and asserted it should be interpreted differently than the federal constitutional language. The facts of the Allen case match closely with the instant case. McGarvey’s speech, in which she expressed her negative opinion of her employer and potentially harmed her employer’s relationship with government officials, exceeded the limits of protected speech. The Court did not accept McGarvey’s argument that she was discharged for exercising her right of free speech.

Conclusion: The speech that McGarvey claimed was the reason for her discharge took place in a meeting held during working hours in the offices of her employers’ apartment complex. The speech was not constitutionally protected and her discharge did not violate any well-established public policy.

Affirmed.

J. Burke delivered the decision.

Link: http://tinyurl.com/majq8p .

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