The Art of Communication News

Larkins Vacura Kayser Prevails on Whistleblower Retaliation Claim

January 14, 2022

Larkins Vacura Kayser attorney Cody Hoesly prevailed before the Ninth Circuit Court of Appeals in Miller v. Watson, 2021 WL 5905722 (Dec. 14, 2021). Reversing the trial court’s grant of summary judgment against our client, the plaintiff, the Court of Appeals held that under Oregon law a statutory whistleblower retaliation claim alleging wrongful discharge does not accrue until the actual discharge occurs, even if the employee receives advance notice of their impending discharge. The court contrasted that rule with the rule governing similar federal claims, under which the claim accrues when the employee receives the notice.