Myers v. Alutiiq International Solutions, LLC
811 F. Supp. 2d 261
D.D.C.2011Background
- Myers was hired in 2003 by the COR for the State Department under a contract later held by Anteon/General Dynamics.
- In 2005, Myers was promoted to on-site program manager and supervised Strickland; the CoR Bailey constrained Myers from criticizing Strickland.
- In 2007, Alutiiq won the contract and took over; Myers remained in his role under Alutiiq, with Dodge and Boyle as supervisors.
- Myers observed improper relationships between Bailey and Strickland leading to unmerited raises/promotions for Strickland and related regulatory concerns.
- Myers reported concerns to superiors and the OIG; the OIG substantiated most allegations and Bailey was removed as COR; Strickland was terminated in 2010; Myers was later terminated for insubordination.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Myers states a wrongful termination claim under public policy. | Myers alleges termination for whistleblowing on contract violations, a public policy-protected activity. | At-will employment and lack of statutory/public policy basis bar the claim. | Count I survives against both Alutiiq and the individuals. |
| Whether Dodge and Boyle can be liable for wrongful termination. | Dodge/Boyle acted as drivers of Myers's termination for retaliatory reasons. | Individual supervisor liability is limited or uncertain under DC law. | The claim against Dodge and Boyle may proceed; factual development needed. |
| Whether Myers states a claim for breach of implied contract. | Handbook and alleged progressive discipline policy create implied contractual rights. | At-will language and lack of explicit policy preclude an implied contract claim. | Count II dismissed without prejudice. |
| Whether Myers states a promissory estoppel claim. | Defendants promised no adverse actions for OIG cooperation and progressive discipline; reliance evident. | Promises must be definite; progressive-discipline promise incomplete; administratively inconsistent. | Count III allowed to proceed against Alutiiq; against individuals subject to agency principles (depends on facts). |
Key Cases Cited
- Carl v. Children's Hosp., 702 A.2d 159 (D.C.1997) (public policy exception to at-will employment; narrow but expandable when policy supports)
- Adams v. George W. Cochran & Co., 597 A.2d 28 (D.C.1991) (at-will presumption; exception for illegal-dilemma terminations)
- Liberatore v. Melville Corp., 168 F.3d 1326 (D.C.Cir.1999) (employment at will; contract may rebut by intended term; policies may create rights)
- Sorrells v. Garfinckel's, Brooks Bros., Miller & Rhoads, Inc., 565 A.2d 285 (D.C.1989) (supervisory liability for wrongful discharge when improper motive or public policy)
- Ware v. Nicklin Assocs., Inc., 580 F. Supp. 2d 158 (D.D.C.2008) (recognizes wrongful discharge claims under public policy)
- Bowie v. Gonzales, 433 F. Supp. 2d 24 (D.D.C.2006) (illustrative approach to at-will and public policy)