Wrongful constructive discharge
"[P]laintiff worked as a banquet captain and a shift manager [at a hotel]. . . . [Plaintiff discovered violations of Oregon liquor laws by other employees] . . . After plaintiff reported the violations to Peregrina [his supervisor], Peregrina began treating plaintiff differently by refusing to allow him to take rest and meal breaks, reducing his work hours, making his job harder by reducing his staff, [etc.]. . . . Eventually, Peregrina demoted plaintiff to waiter. Plaintiff quit his job."
"'[C]onstructive discharge' is not, in itself, a tort - it is simply an alternate means of establishing the element of discharge in a claim for wrongful discharge. Thus, a plaintiff may satisfy the discharge prong of a wrongful discharge claim by pleading and proving a 'constructive discharge,' but the plaintiff must nonetheless establish a motive for the constructive discharge that gives rise to liability for wrongful discharge."
"Plaintiff contends that he has presented evidence from which the jury could find that Wilsonville's motivation in constructively discharging him was to retaliate for plaintiff's exercise of a job-related right or an important societal obligation."
"The reporting of [liquor law] violations, although potentially in [the plaintiff's] personal interest, is not a right of employment; no statute, rule, constitutional provision or case law confers it."
"We recognize that the statutes and administrative rules relating to [Oregon liquor laws] reflect a strong general public policy favoring compliance with the laws governing the service of alcoholic beverages. . . . However, in the absence of some express legislative or administrative statement, we decline to infer, and we cannot create, a 'substantial public duty' on the part of [liquor] service permittees to report [liquor law] violations of their coworkers."
"[W]e conclude that there was no evidence from which the jury could find the essential element of a motive by Wilsonville to discharge plaintiff for engaging in either a job-related right or carrying out an important societal obligation."