Roe v. Teletech Customer Care Management

216 P.3d 1055
CourtCourt of Appeals of Washington
DecidedSeptember 15, 2009
Docket38531-7-II
StatusPublished
Cited by9 cases

This text of 216 P.3d 1055 (Roe v. Teletech Customer Care Management) is published on Counsel Stack Legal Research, covering Court of Appeals of Washington primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Roe v. Teletech Customer Care Management, 216 P.3d 1055 (Wash. Ct. App. 2009).

Opinion

216 P.3d 1055 (2009)

Jane ROE, Appellant,
v.
TELETECH CUSTOMER CARE MANAGEMENT (COLORADO), LLC, Respondent.

No. 38531-7-II.

Court of Appeals of Washington, Division 2.

September 15, 2009.

*1056 Michael Craig Subit, Jillian M. Cutler, Frank Freed Subit & Thomas LLP, Seattle, WA, for Appellant.

James M. Shore, Molly Margaret Daily, Stoel Rives LLP, Seattle, WA, for Respondent.

QUINN-BRINTNALL, J.

¶ 1 After TeleTech Customer Care Management, LLC (TeleTech) rescinded the conditional offer of employment it had made to *1057 Jane Roe[1] because she failed a pre-employment drug screening test, Roe sued Teletech alleging wrongful termination. The trial court denied Roe's motion for summary judgment and awarded summary judgment to TeleTech. On appeal, Roe argues, as she did below, that the Washington State Medical Use of Marijuana Act (MUMA), ch. 69.51A RCW, implies a civil cause of action to sue an employer who violates MUMA's provisions. Alternatively, Roe contends that MUMA expresses a public policy favoring medical marijuana use and that TeleTech wrongfully terminated her employment when it violated this policy. Because MUMA provides only a defense to criminal prosecution for the medical use of marijuana in compliance with its provisions, the trial court did not err when it granted TeleTech's summary judgment motion and we affirm.

FACTS

Background Facts

¶ 2 Roe sought authorization under MUMA to use medical marijuana to treat her migraine headaches.[2] Roe became a patient of Thomas Orvald, M.D.[3] at The Hemp and Cannabis Foundation (THCF) Medical Clinic in Bellevue, Washington. On June 26, 2006, Roe filled out a "Pain Inventory Questionnaire" at the THCF clinic and Orvald provided Roe with "Documentation of Medical Authorization to Possess Marijuana for Medical Purposes" that same day. Clerk's Papers (CP) at 261.

¶ 3 TeleTech describes itself as an "outsourcing company that provides a full range of front- to back-office outsourced solutions." CP at 216. TeleTech contracts with Sprint Nextel to provide telemarketing and telesales services out of its customer service center in Bremerton, Washington. TeleTech has an applicant drug policy that states in part:

TeleTech has a vital interest in ensuring a safe, healthy, and efficient working environment, and in preventing accidents and injuries resulting from the misuse of alcohol or drugs. The unlawful or improper presence or use of drugs or alcohol in the workplace presents a danger to everyone.
. . . .
All applicants ... to whom TeleTech has given a conditional offer of employment, are required to submit to a pre-employment drug test and must receive a negative result as a condition of employment.
. . . .
Any applicant who receives a confirmed positive drug test result will be ineligible for employment with the company. CP at 221-22. Sprint Nextel requires TeleTech to perform applicant drug screenings before assigning any individual to work at the Bremerton facility.

¶ 4 On October 3, 2006, TeleTech hired Roe to work as a customer service consultant in its Bremerton facility. On that date, TeleTech provided Roe with a copy of its substance abuse policy for job applicants. After learning that she would be required to submit to drug testing, Roe told TeleTech that she uses medical marijuana at home and that she had medical authorization to do so. Roe offered to provide TeleTech with her medical marijuana authorization, but TeleTech declined.

¶ 5 On October 5, 2006, Roe took a drug test administered by ChoicePoint Workplace Solutions. On October 10, 2006, Roe began working for TeleTech and TeleTech provided Roe a copy of its substance abuse policy for employees. Roe's drug test results also came back on October 10, 2006. When Roe tested positive for marijuana, Mary Ann Peltier, a ChoicePoint supervisor, wrote Llibertat Ros, a TeleTech talent acquisition specialist, to inquire about TeleTech's medical marijuana policy.

¶ 6 Ros contacted supervisors at corporate headquarters who informed Ros that TeleTech *1058 does not make an exception to its drug policies for medical marijuana use. On October 18, 2006, TeleTech terminated Roe's employment because of her positive drug screening.

Procedural Facts

¶ 7 On February 13, 2007, Roe filed this action in the Kitsap County Superior Court. Roe filed an amended complaint on February 26, 2007, seeking reinstatement and damages against TeleTech for wrongful termination in violation of public policy and in violation of MUMA. On March 27, 2007, TeleTech removed the case to the United States District Court for the Western District of Washington, claiming the amount in controversy exceeded $75,000. On June 6, 2007, the federal district court granted Roe's motion to remand the case to the Kitsap County Superior Court.

¶ 8 On November 16, 2007, the parties submitted cross-motions for summary judgment. The trial court heard oral arguments on December 14, 2007, and, on February 1, 2008, it granted TeleTech's motion for summary judgment.

¶ 9 On February 27, 2008, Roe filed a notice of appeal to our Supreme Court. Our Supreme Court transferred Roe's appeal to this court on November 5, 2008.

¶ 10 The issue we must decide in this appeal is whether Washington voters intended MUMA to create employment protections by requiring employers to hire and retain employees who use medical marijuana outside of the workplace and, thus, intended MUMA to prohibit TeleTech from enforcing its drug-free work policy.

ANALYSIS

¶ 11 Roe asserts that MUMA creates an implied cause of action against employers who terminate, or fail to hire, a person based solely on her use of medical marijuana in accordance with MUMA. Roe alternatively argues that TeleTech terminated her employment in violation of the public policy favoring the medical use of marijuana expressed in MUMA. Because MUMA neither implies a private right of action nor expresses a public policy to establish a cause of action for wrongful termination of employment, we affirm the superior court's grant of summary judgment in favor of TeleTech.

Standard of Review

¶ 12 We review a grant of summary judgment de novo, engaging in the same inquiry as the trial court. Amalgamated Transit Union Local 587 v. State, 142 Wash.2d 183, 206, 11 P.3d 762, 27 P.3d 608 (2000). Summary judgment is proper where there are no genuine issues of material fact and the moving party is entitled to judgment as a matter of law. CR 56(c); Amalgamated Transit, 142 Wash.2d at 206, 11 P.3d 762.

Medical Use of Marijuana Act

¶ 13 In November 1998, the citizens of Washington enacted Initiative Measure No. 692, MUMA. MUMA is codified in chapter 69.51A RCW. Former RCW 69.51A.005 (1999), at issue here, states the purpose and intent of MUMA:

The people of Washington state find that some patients with terminal or debilitating illnesses, under their physician's care, may benefit from the medical use of marijuana.

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Bluebook (online)
216 P.3d 1055, Counsel Stack Legal Research, https://law.counselstack.com/opinion/roe-v-teletech-customer-care-management-washctapp-2009.