Oregon court rules on protection for infectious disease whistleblower

A recent Oregon court decision based on facts arising long before COVID-19 may shed light on some of the issues facing employers when employees raise virus-related safety concerns.

Facts

Margherita Vergara was a housekeeper at a Eugene hotel operating under the business name Eugene University Inn & Suites. She sued Koomal Patel, a shareholder in the business, alleging statutory whistleblower claims. She sued just before the time to file her claims, the statute of limitations, ran out. Unfortunately, she mistakenly sued the wrong defendant and later amended her claims to add other defendants and a wrongful discharge claim.

The new defendants, however, had been sued after the statute of limitations had elapsed. They asked to dismiss the case without a trial, arguing the statutory claims had been filed too late and the wrongful discharge claim was barred because an adequate statutory remedy already existed.

The trial court dismissed the case, finding the claims were filed too late against the correct defendants. In addition, Vergara had an appropriate statutory remedy and couldn’t bring a common law wrongful discharge claim. She appealed.

Court of appeals

On appeal, the Oregon Court of Appeals held the statutory claims made in the subsequent amended complaint would “relate back” to the time of the filing of the original complaint and were timely. Vergara therefore could proceed in court against the new defendants.