Kimberly Asper v. Costco Wholesale

MEMORANDUM

Kimberly Asper appeals the district court’s order dismissing her claims, which arise under Montana’s Wrongful Discharge from Employment Act (WDEA), for failure to state a claim under Federal Rule of Civil Procedure 12(b)(6). We have jurisdiction under 28 U.S.C. § 1291 and review the order of dismissal de novo. Wilson v. Hewlett -Packard Co., 668 F.3d 1136, 1140 (9th Cir.2012). We affirm. Because the parties are familiar with the factual and legal history of the case, we need not recount it here.

I

The district court correctly concluded that the plaintiffs claim for relief was not cognizable under the governing statute. The WDEA “provides the exclusive remedy for a wrongful discharge from employment” under Montana law. MONT. CODE ANN. § 39-2-902. The statute “sets forth certain rights and remedies with respect to wrongful discharge.” Id. In particular, it provides:

Id. § 39-2-904(l).

The statute defines the term “discharge” to include any “termination of employment, including resignation, elimination of the job, layoff for lack of work, failure to recall or rehire, and any other cutback in the number of employees for a legitimate business reason.” Id. §…