Gates the process re quired; and (2) whether the respondent thereby breached the covenant of good faith and fair dealing. The Court had also decided in the prior decision that the guidelines in the employer handbook regarding notice prior to termination, were not enforceable as contract rights. We further determined that appellant’s claim in tort for wrongful discharge was properly dismissed because it was not supported by any showing of a violation of public policy. The majority cites Lipinski v. Title Insurance Co. (1982), 202 Mont. 1, 655 P.2d 970, 39 St.Rep. 2283, for the assessment of punitive damages in bad faith cases. Insurance cases upholding a breach of the implied covenant of good faith and fair dealing did not evolve under the same considerations as cases discussing a (<HOLDING>); and Kelsay v. Motorola (1978), 74 Ill.2d 172,
recognizing a tort action when employee was dismissed for filing a workers compensation claim recognizing a tort action because an employee was dismissed for serving jury duty holding that because no class was certified at the time the individual claims were dismissed the class action was properly dismissed recognizing a tort action for wrongful discharge when employee was terminated because he refused to commit a criminal act holding that in the context of the federal tort claims act claims dismissed on sovereign immunity grounds are not dismissed for lack of jurisdiction but for the existence of a defense