703 A.2d 646 | D.C. | 1997
ORDER
Traeie Washington, an at-will employee who had been fired, appeals the trial court’s grant of summary judgment against her on her claim of wrongful discharge against her former employer, appellee Guest Services. In her complaint, Washington alleged that she had been discharged from her employment “in violation of law, to wit for protesting safety, health, and fire code violations on the part of the defendant.”
In granting the employer’s motion for summary judgment, the trial court concluded that the employer had not put Washington “to the choice of disobeying [her obligation not to prepare or serve unfit food] as the price for keeping her job.” Accordingly, the court ruled that Washington had not met the test set forth in the then-governing authorities allowing an at-will employee to recover on a theory of wrongful discharge.
Concluding that the trial court correctly resolved the motion for summary judgment
Because the question whether Carl retroactively applies to the circumstances here must be decided, the parties are hereby directed to submit supplemental briefs addressing: (1) whether Carl is applicable to this appeal;
. As with other workers, at-will employees may not be discharged if the grounds for the firing are specifically proscribed by some statute. See, e.g., D.C.Code § 11-1913 (1995); D.C.Code § 36-342 (1997); D.C.Code § 1-2512 (1992). Washington does not contend that any statutory prohibition applies in this case.
. Although we express no view on how that question should be resolved, we direct the parties’ attention to Mendes, supra, and other cases on point, including but not limited to the following: Harper v. Virginia Dep't of Taxation, 509 U.S. 86, 113 S.Ct. 2510, 125 L.Ed.2d 74 (1993); James B. Beam Distilling Co. v. Georgia, 501 U.S. 529, 111 S.Ct. 2439, 115 L.Ed.2d 481 (1991); Chevron Oil Co. v. Huson, 404 U.S. 97, 92 S.Ct. 349, 30 L.Ed.2d 296 (1971); Robinson v. Washington Internal Med. Assocs., 647 A.2d 1140 (D.C.1994); Nimetz v. Cappadona, 596 A.2d 603 (D.C.1991).