your honors we are here today to deal with the issue for marley on the civil claim and which this you koori recent is what a bond then here because when we go back in the briefs in which i've submitted we see this element resonate time and time again through the years now as it pertains to those two issues specifically here i would persuasive argument at least as to one of those of being on the cause but not us to the others and we looked at this and the determining how it is that it apply to the going to hardest case in the superior court matter when the issue at being that he had to be returned to work and be and be remunerated for the payment for the you know what would have been his beaminster in the time he would have been working at the time and the district court we had as we had a distinctive claim to the right which is one of our subjects on the first on the plane who the sheer retaliation for which even lower one fifteen one one five was specifically legislated to address this tough of issues henceforth meaning that there is a very important public policy issue to be looked at when we're dealing with with this tough cases not to not to mention that in the particular facts of this case the allegations with an employee being being placed in a position always consider then yours to his health given that he has been obligated to work he's a security officer being asked to work with aspects that are requiring technical complete award of justice rather than favoring rigid up legations of legal fiction based on the principle of convenience of procedural nature and there's your honor resonates going forward  when we look at the case like i issue it most avoid serious and manifest injustice and your honors we have we stand before you humbly after almost ten years of litigation in this case and this in fact is the third time that the parties were submitting their their motions and arguing was as us recent a case as one could have had for purposes of doing this analysis and while it separated length that's interesting because important issue that we are addressing it fits within the scope of this is probably a policy exception even if the first amendment right it's recognizing the constitutional order also and certainly while you do a balancing act of the two it would seem to me that there is more weight on an employee at ten thousand to look out for the well being within the employment of one of his colleagues as part of the first amendment right that he had us visa an almost gone sonas and by i now and as i am not as for example addresses the issue of education as being one of those four from public policy exceptions so i unfortunately did not find  specific case to address my core issues i do i do have gisele we china put it which addresses some of those issues so it's a matter of a partial response to the extent he's claiming that it was an issue of of the law or the first amendment if it's a first amendment then we have to first determine whether or not it was not a first amendment protect of expression at an earlier stage though you could do that on you could it's a permit of defense right you couldn't do it on a motion to dismiss no because it does superior court  after no i don't mean in this particular case i just mean in general if you could if you could seek dismissal on the basis for a stupid yes you know me well if you can do that and you're certainly not going to go behind the complaint to see whether there's really a claim i'd like to ask you this question so some of the cases that i looked at that they talked about for example rescue the public policy exception might apply if the prior case involved a minor it was moot if there was a failure to prosecute  if the proceeding was tainted those all seem to go toward something sort of intrinsic in that in that prior decision now this this case about education may open the field up and you look at it from  that that perspective so that we could sort of you know to help us figure out whether we should care about the fact that it's a first amendment claim or retaliation claim well in the indication case he was also precisely something days thank you thank you dealt with at the administrative level so i don't think that even comes near to the issue of what we're all dealing with here in terms of this public policy exception as it pertains to my colleague's comm