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Burkhart v. Semitool, Inc.

In-house counsel allegedly terminated for refusing to file fraudulent patent applications not precluded as a matter of law from bringing employment-related claims merely because claims may require disclosing confidential matters; arbitration agreement between in-house counsel and employer/client valid and not against public interest.

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Justice Terry N. Trieweiler delivered the opinion of the Court.

1.�The Plaintiff, Patrick Burkhart, brought this action in the District Court for the Eleventh Judicial District in Flathead County, to recover damages from the Defendant, Semitool, Inc., based on his allegation that it violated the Wrongful Discharge from Employment Act (WDEA); fraudulently or maliciously opposed Burkhart’s application for unemployment benefits; and fraudulently misrepresented Burkhart’s employment duties at the time of hiring. The parties agreed to submit the WDEA claims to arbitration. The Defendant then filed a motion to dismiss all of Burkhart’s claims. The District Court converted the Defendant’s motion to dismiss to a motion for summary judgment, and awarded summary judgment to Semitool. Burkhart appeals the District Court’s award of summary judgment. We reverse the judgment of the District Court.

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