Bammert v. Don's Super Valu

646 N.W.2d 365 (2002)

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Nature of the Case

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Facts

P was employed at D for approximately 26 years. Her husband is a local police sergeant. D is owned by Don Williams, whose wife, Nona, was arrested for drunk driving on June 7, 1997. P's husband participated in the drunk driving field investigation by administering a portable breathalyzer test to Nona Williams, which she failed. On August 28, 1997, P was fired by D in retaliation for her husband's participation in Nona Williams' drunk driving arrest. P was an assistant manager at the supermarket. P sued for wrongful discharge. D moved to dismiss, and the court dismissed the complaint for failure to state a claim, concluding that the employment-at-will doctrine's public policy exception, announced by this court in Brockmeyer v. Dun & Bradstreet, 113 Wis. 2d 561, 335 N.W.2d 834 (1983), did not apply. The court of appeals affirmed. P appealed.