Perez v. Hospitality Ventures-Denver LLC

ORDER GRANTING MOTION TO DISMISS SECOND CLAIM FOR RELIEF

KANE, Senior District Judge.

This employment dispute is before me on Defendants’ Motion to Dismiss Plaintiffs state law claim for retaliatory discharge in violation of public policy. Defendants assert Plaintiff is precluded as a matter of law from maintaining both her wrongful discharge claim as well as her primary claim for violation of the Family and Medical Leave Act of 1993 (the “FMLA”). Arguing that such a claim is subsumed by the remedial scheme of the FMLA under the facts and circumstances of this case, Defendants move to dismiss…