Ramirez v. Walmart

Crothers, Justice.

[¶ 1] David Ramirez appeals from an order dismissing his retaliatory discharge action against Walmart without prejudice for failure to state a claim upon which relief could be granted. We affirm, concluding the order is appealable and the district court did not err in dismissing Ramirez's retaliatory discharge claim on the pleadings.

I

[¶ 2] Ramirez was employed by Walmart in Jamestown. On April 18, 2017 Walmart terminated Ramirez's employment. On October 13, 2017 Ramirez sued Walmart under N.D.C.C § 34-01-20, which prohibits retaliatory discharges by employers. Ramirez…