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Slaughter v. John Elway Dodge Southwest/AutoNation1/13/2005
JUDGMENT AFFIRMED
Dailey and Hume, JJ., concur
Plaintiff, Melynda Slaughter, sued her employer, defendant, John Elway Dodge Southwest/AutoNation, for wrongful termination and now appeals the trial court's judgment dismissing her complaint for failure to state claims upon which relief may be granted. We affirm.
Because this appeal challenges the trial court's dismissal on grounds of failure to state a claim, the following summary of facts is based solely on the allegations in employee's complaint.
Employee alleges that when she was hired, she was told she would be required to submit to a drug test to qualify for the position. Shortly after she began working, she consented when employer took a hair sample from her for the drug test. She continued her employment, heard nothing more about the drug test, and was promoted and given a raise.
Nearly a year after she was hired, employer informed her that it had overlooked the drug test result, which was positive for marijuana. Employer informed her that she could take another drug test, resign, or be terminated. Employee volunteered that she occasionally used marijuana for recreational purposes, but never used marijuana at work and was never under its influence while at work.
The next day, employer told employee she had to submit a hair sample that day or she would be terminated. Employee consented, and a hair sample was taken. The following day employer told her the drug test had been inconclusive and requested that she submit another hair sample. When employee refused, employer told her that she would be terminated.
About a month later, without filing a complaint, employee filed a motion for a temporary restraining order and, on the same day, served a copy on employer's in-house attorney. The court declined to enter a restraining order, but set the matter for a preliminary injunction hearing. A week after employee filed her motion, her counsel received a faxed letter from employer's counsel stating that employee had been terminated effective the same day she filed the motion. After receiving the letter, employee withdrew her motion and informed employer's counsel she would file suit for wrongful termination.
Employee's complaint stated two claims for relief. One claim alleged the termination was retaliation for her motion for a temporary restraining order and, thus, violated public policy as expressed in the Freedom of Legislative and Judicial Access Act (Act), ยง 8-2.5-101, C.R.S. 2004. The other claim alleged the termination was wrongful because it was retaliation for her refusal to submit to the drug test and, thus, violated public policy against private interference with her right to privacy.
The trial court dismissed both claims in response to employer's motion under C.R.C.P. 12(b)(5) concluding that employee failed to state a claim for which relief could be granted.
I. Standard of Review
We review motions to dismiss de novo and accept all statements of material fact contained in the complaint as true. Shapiro & Meinhold v. Zartman, 823 P.2d 120 (Colo. 1992). We construe those allegations in the light most favorable to the plaintiff and do not look outside the complaint. Dunlap v. Colo. Springs Cablevision, Inc., 829 P.2d 1286 (Colo. 1992); McDonald v. Lakewood Country Club, 170 Colo. 355, 461 P.2d 437 (1969). We will not uphold a dismissal on motion for failure to state a claim so long as the plaintiff may be entitled to some relief upon any theory of the law. Rosenthal v. Dean Witter Reynolds, Inc., 908 P.2d 1095 (Colo. 1995).
II. Wrongful Termination of At-Will Employment
An employ
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