(DOWNLOAD) "Martin Marietta Corp. V. Lorenz" by Colorado Supreme Court ~ Book PDF Kindle ePub Free
eBook details
- Title: Martin Marietta Corp. V. Lorenz
- Author : Colorado Supreme Court
- Release Date : January 13, 1992
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 82 KB
Description
In Lorenz v. Martin Marietta Corp., Inc., 802 P.2d 1146 (Colo. App. 1990), the court of appeals reversed the trial court's entry of a directed verdict against the plaintiff, Paul M. Lorenz, an at-will employee of Martin Marietta Corporation, on his tort claim against Martin Marietta for wrongful discharge predicated on Lorenz's alleged refusal to perform an illegal act. The court of appeals held that Lorenz's claim was cognizable in tort, that the standard for a wrongful discharge claim established in Cronk v. Intermountain Rural Elec. Ass'n, 765 P.2d 619 (Colo. App. 1988), should be applied retroactively to Lorenz's claim, and that the statute of limitations for such a claim began to run on the day following Lorenz's discharge rather than on the date on which he was notified of his termination. We affirm the judgment, but in so doing we employ a slightly different analysis than that utilized by the court of appeals. We hold that a claim for wrongful discharge under the public-policy exception to the at-will employment doctrine is cognizable in Colorado and that, in order to withstand a directed verdict on a claim for wrongful discharge based on an employee's refusal to perform an illegal act, the employee must establish, in addition to the elements outlined in Cronk, that the employer had actual or constructive knowledge that the employee's refusal to perform the act was based on the employee's reasonable belief that the act directed by the employer was unlawful. In addition, we hold that the public-policy exception to the at-will employment doctrine should be retroactively applied to Lorenz's claim. Finally, we hold that Lorenz's cause of action accrued on the date of his actual discharge and that his tort claim was filed within the applicable statute of limitations.
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