Gibbs

MEMORANDUM *

After resigning from his position as Portland Branch Manager for Orkin Exterminating Company, Inc., Sam Gibbs brought suit against Orkin, claiming that he was constructively discharged for refusing to engage in illegal activity. Gibbs now appeals the district court’s summary judgment dismissal of his wrongful discharge cause of action, a common law tort in Oregon. We reverse. Because the facts are familiar to the parties, we recount them only as necessary to explain our decision.

1. Neither state nor federal workplace safety statutes preempt Gibbs’ wrongful discharge claim.

Orkin improperly relies on Walsh v. Consolidated Freightways, Inc., 278 Or. 347 , 563 P.2d 1205 (1977), to argue that 29 U.S.C. § 660 (c) and Or.Rev.Stat. § 654.062 preempt Gibbs’ tort claim. Walsh dealt with a dockworker who claimed to have been fired for complaining about the toxic emissions of a forklift in an enclosed space — a gripe clearly aimed at bettering workplace safety. Walsh, 563 P.2d at 1207-08 . Additionally, following his termination, Walsh actually filed a complaint under 29 U.S.C. § 660 (c). The protected activity in Walsh was therefore unquestionably aimed at serving the goals…