Woodford v. CVS Pharmacy, Inc.

905 F. Supp. 2d 418, 34 I.E.R. Cas. (BNA) 865, 2012 WL 5388805, 2012 U.S. Dist. LEXIS 157962
CourtDistrict Court, D. Rhode Island
DecidedNovember 2, 2012
DocketNo. C.A. 12-111-M
StatusPublished

This text of 905 F. Supp. 2d 418 (Woodford v. CVS Pharmacy, Inc.) is published on Counsel Stack Legal Research, covering District Court, D. Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Woodford v. CVS Pharmacy, Inc., 905 F. Supp. 2d 418, 34 I.E.R. Cas. (BNA) 865, 2012 WL 5388805, 2012 U.S. Dist. LEXIS 157962 (D.R.I. 2012).

Opinion

MEMORANDUM AND ORDER

JOHN J. McCONNELL, JR., District Judge.

Before the Court is Defendant CVS Pharmacy, Inc.’s Motion to Dismiss Plaintiff David Woodford’s Amended Complaint (“CVS’s” “Motion to Dismiss”) for failure to state a claim upon which relief can be granted pursuant to Fed.R.Civ.P. 12(b)(6). (ECF No. 15.) Mr. Woodford objected (ECF No. 16) to CVS’s Motion to Dismiss, and CVS filed a reply memorandum. (ECF No. 17.) After review of the relevant pleadings, the Court DENIES CVS’s Motion to Dismiss1.

I. FACTS2

Mr. Woodford brings this lawsuit against CVS alleging wrongful termination in violation of the Florida Whistleblower’s Act, Fla. Stat. § 448.102 (1991) (the “FWA”). (ECF No. 13 at 3-4.) At all relevant times, until his termination “on or about October 10, 2010,” Mr. Woodford was employed as a registered pharmacist by CVS. Id. at 1. Both Florida state and federal laws require registered pharmacists to “exercise sound professional judgment” and to “make[ ] sure that a prescription for a controlled substance he[ ] is asked to fill is legitimate.” Id. at 2. Under Florida law, a pharmacist “who knowingly fills a prescription for a controlled substance of doubtful legitimacy is subject to criminal penalties.” Id.

Mr. Woodford refused to fill a prescription for Oxyeontin, a controlled substance, “after conducting [an] assessment ... and determining that to fill the prescription would break [s]tate and [fjederal law.” Id. Mr. Mr. Woodford made his supervisor (also a CVS employee) aware of his refusal to fill the prescription and his reasons for refusing. Id. at 3. Mr. Woodford’s supervisor ordered him to fill the prescription regardless of his concerns. Id. Mr. Wood-ford refused again and “was then” terminated for “insubordination.” Id.

II. STANDARD OF REVIEW

To properly determine the merits of a motion to dismiss, the Court must “accept as true ‘all well-pleaded factual averments and indulg[e] all reasonable inferences in the plaintiffs favor.’ ” Doyle v. Hasbro, Inc., 103 F.3d 186, 190 (1st Cir.1996) (quoting Aulson v. Blanchard, 83 F.3d 1, 3 (1st Cir.1996)). The FWA is a remedial statute and should be construed liberally. Jenkins v. The Golf Channel a/k/a, TGC Inc., 714 So.2d 558, 563 (Fla.Dist.Ct.App.1998) (citing Schultz v. Tampa Electric Co., 704 So.2d 605 (Fla.Dist.Ct.App.1997)).

III. ANALYSIS

Mr. Woodford alleges that CVS wrongfully terminated him in violation of the FWA. (ECF No. 13 at 3.) CVS seeks dismissal of Mr. Woodford’s Complaint because it fails to allege two of three requi[420]*420site elements of an FWA claim. (ECF No. 15 at 3.) Mr. Woodford contends that his Complaint has stated a claim under the FWA sufficient to withstand dismissal under 12(b)(6). (ECF No. 16-1 at 1.)

In pertinent part, the FWA states that “[a]n employer may not take any retaliatory personnel action against an employee because the employee has: ... (3) [ojbjected to, or refused to participate in, any activity, policy, or practice of the employer which is in violation of a law, rule, or regulation.” Fla. Stat. § 448.102(3). Florida law analyzes FWA claims under the same three part framework established for cases arising under Title VII of the Civil Rights Act of 1964. McIntyre v. Delhaize Am., Inc., 403 Fed. Appx. 448 (11th Cir.2010). To successfully state a cause of action under Title VII, and therefore under the FWA, a plaintiff “must show that (1) he engaged in statutorily protected expression; (2) he suffered an adverse employment action; and (3) there is some causal relation between the two events.” Pennington v. City of Huntsville, 261 F.3d 1262, 1266 (11th Cir.2001) (quoting Olmsted v. Taco Bell Corp., 141 F.3d 1457, 1460 (11th Cir.1998)). CVS claims that Mr. Woodford’s Amended Complaint fails to satisfactorily allege the first and third of these elements.3 (ECF No. 15 at 3.)

Beginning with the first element, CVS maintains that Mr. Woodford has not, and cannot, allege that he engaged in statutorily protected activity. (ECF No. 15 at 6-9.) CVS relies on McIntyre to assert that Mr. Woodford failed to allege statutorily protected activity because he “has not shown that his employer itself had engaged in the requisite illegal activity, policy or practice.” Id. (quoting McIntyre v. Delhaize Am., Inc., No. 8:07-cv-2370-T-30TBM, 2009 WL 1039557, at *9 (M.D.Fla. April 17, 2009)). In McIntyre, the plaintiff-employee filed an FWA action against his employer alleging that he was terminated for complaining about the conduct of a fellow pharmacist. The plaintiff-employee “believed” the fellow employee was distributing narcotics to drug-seeking clients. Id. at *2. The McIntyre court granted summary judgment for the defendant-employer and stated “[a] violation of law by an employee as opposed to a defendant employer is irrelevant to, and cannot adequately support, a claim based on the FWA.” Id. at *9. CVS argues that McIntyre precludes any FWA claim that fails to allege illegal conduct on the part of the employer.4 (ECF No. 15 at 4-6.)

However, not all Florida courts agree with this interpretation of the statute. The United States District Court for the Southern District of Florida found that an airline employee had properly stated a claim under the FWA when she alleged that she was fired for objecting to a fellow employee unlawfully allowing a passenger to board a plane under a false name. Pinder v. Bahamasair Holdings Ltd., 661 F.Supp.2d 1348 (S.D.Fla.2009). There, the defendant airline made the same argument [421]*421that CVS makes in this case: that plaintiffs claim fails because it did not allege illegal activity by the employer. Id. at 1351. The Pinder court rejected this reading of the FWA because it “would contravene the intent of the statute to protect workers and ensure compliance with safety regulations.” Id. at 1352. The Pinder court held that “even in spite of a company policy that forbade the conduct complained of, Florida courts are willing to hold employers liable for FWA violations when one employee complains about the conduct of another employee.” Id. The court reasoned that “a corporation can only act through its employees, and accordingly an employer can only violate regulations through the actions of its employees.” Id. The Court finds the Pinder court’s rationale instructive and adopts its liberal interpretation of the FWA. Violation of the FWA by an employee acting within the scope of her or his employment can support a claim based on the FWA.

CVS further claims that Mr.

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Gabe McIntyre v. Delhaize America, Inc.
403 F. App'x 448 (Eleventh Circuit, 2010)
Boyle v. Hasbro, Inc.
103 F.3d 186 (First Circuit, 1996)
Jenkins v. Golf Channel
714 So. 2d 558 (District Court of Appeal of Florida, 1998)
Sussan v. Nova Southeastern University
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Schultz v. Tampa Elec. Co.
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661 F. Supp. 2d 1348 (S.D. Florida, 2009)
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905 F. Supp. 2d 418, 34 I.E.R. Cas. (BNA) 865, 2012 WL 5388805, 2012 U.S. Dist. LEXIS 157962, Counsel Stack Legal Research, https://law.counselstack.com/opinion/woodford-v-cvs-pharmacy-inc-rid-2012.