Thursday, February 12, 2015

Wrongful Discharge Claim Dismissal Upheld

The District of Columbia Court of Appeals has affirmed the dismissal of claims brought by a former Wiley Rein employee against the firm.

 Alvin Hoff, formerly an at-will employee at the Wiley Rein law firm, seeks reversal of the trial court‟s dismissal of his two-count lawsuit against the firm. He claims: (1) "wrongful termination" of his employment because he refused the firm‟s demand to violate a criminal law, and (2) "retaliatory discharge" because that refusal, contrary to the direction of his supervisor, was protected by the District of Columbia Human Rights Act (DCHRA). More specifically, appellant Hoff, a former records coordinator for appellee Wiley Rein, claims that he was fired unlawfully because he had not been willing to enhance, and thus falsify, the performance evaluation of another employee at the request of Hoff‟s supervisor, who allegedly had tender feelings for that employee. Hoff contends that the trial court erred in granting Wiley Rein‟s motion to dismiss on the ground that he had failed to plead facts sufficient to support either count in his complaint. Perceiving no error, we affirm.

Senior Judge Ferren for a unanimous division of the court

whatever reason Wiley Rein may have had for firing Hoff, his complaint offers no explanation beyond the fanciful proposition that [supervisor] McCleskey fired Hoff because Hoff had filed an "unsatisfactory" evaluation of Ward—an evaluation that, as Hoff‟s own complaint acknowledges, McCleskey himself had requested.

(Mike Frisch)

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