Masson v. Aramark Inc.

310 F. Supp. 3d 128
Court of Appeals for the D.C. Circuit·Decided May 15, 2018·No. Case No. 18–cv–626 (CRC)·Published·Cited by 2 cases

Opinion

CHRISTOPHER R. COOPER, United States District Judge

Plaintiff Marie Masson worked for Defendant Aramark Campus LLC, which provides cafeteria services at Catholic University, from March 2012 until February 2015. Am. Compl. ¶¶ 7-8.1 In November 2014, Masson was injured on the job and sought workers' compensation. Id. ¶ 11. While out of work due to her injury, she was terminated. Id. ¶ 12. Almost three years later, in January 2018, Masson sued Aramark in the Superior Court of the District of Columbia, alleging wrongful termination and sexual harassment by her former supervisor. Id. ¶¶ 24, 26. Aramark removed the case to federal court, based on both federal question jurisdiction (Masson asserted a claim under 42 U.S.C. § 1983, id. ¶ 24) and diversity jurisdiction. It then moved to dismiss Masson's complaint under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. The Court will now grant its motion and dismiss the case.

When analyzing a motion under Rule 12(b)(6), the question is whether the complaint "contain[s] sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face.' " Ashcroft v. Iqbal, 556 U.S. 662, 678, 129 S.Ct. 1937, 173 L.Ed.2d 868 (2009) (citation omitted). In so determining, the Court accepts as true the facts alleged in the complaint and draws all reasonable inferences in favor of the non-moving party. See, e.g., Tefera v. OneWest Bank, FSB, 19 F.Supp.3d 215, 220 (D.D.C. 2014). A motion to dismiss for a plaintiff's failure to exhaust administrative remedies is "properly addressed as [a] motion[ ] to dismiss for failure to state a claim." Scott v. Dist. Hosp. Partners, L.P., 60 F.Supp.3d 156, 161 (D.D.C. 2014).

First , Masson's wrongful termination or retaliation claim. While Masson cites 42 U.S.C. § 1983 as her cause of action, Am. Compl. ¶ 24, she does not state a claim under that statute. Aramark Campus LLC is a private actor, and section 1983 does not reach the actions of private parties except when the private party is engaged in state action or acting under color of state law, neither of which Masson alleges here. See, e.g., Nader v. McAuliffe, 593 F.Supp.2d 95, 101 (D.D.C. 2009). As a result, the Court will dismiss any section 1983 claims that Masson brings.

Masson's opposition contends that her unlawful discharge claim instead arises under D.C. common law. Mem. Supp. Pl.'s Opp'n Def.'s Mot. Dismiss ("Pl.'s Opp'n") at 4. Regardless of whether Masson has clearly raised such a claim, it, too, would fail. Masson does not contest that she was an at-will employee and thus, under D.C. law, she could be discharged for any reason. See *130Adams v. George W. Cochran & Co., Inc., 597 A.2d 28, 30 (D.C. 1991). That said, D.C. law recognizes an exception to this rule when a discharge is contrary to public policy. See, e.g., id. at 34. According to Masson, her discharge was contrary to public policy because she was fired in retaliation for reporting her supervisor's sexual harassment. Pl.'s Opp'n at 5. As such, she argues her claim falls within the public policy exception.

But this argument fails as well. The D.C. Court of Appeals has held that the public policy exception does not apply when a statute provides adequate protection of the public interests sought to be vindicated. See, e.g., Carter v. District of Columbia, 980 A.2d 1217, 1225-26 (D.C. 2009) (refusing to apply public policy exception to general at-will discharge rule since plaintiff's allegations involved conduct that "fell squarely under the aegis of the District's Whistleblower Protection Act"); McManus v. MCI Communications Corp., 748 A.2d 949, 957 (D.C. 2000) (rejecting the argument "that a public policy exception to the at-will doctrine applies to an alleged statutory violation" in a case involving the D.C. Human Rights Act).

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Masson v. Aramark Inc., 310 F. Supp. 3d 128 (D.C. Cir. 2018).

310 F. Supp. 3d 128 (Masson v. Aramark Inc.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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