Rick Gress v. Conover Insurance Inc.

MEMORANDUM

Appellant Rick Gress (Gress) appeals the district court’s entry of summary judgment in favor of defendant Conover Insurance, Inc. (Conover).

1. Under Washington law, a claim for wrongful discharge in violation of a public policy is a “narrow exception to the employment at-will doctrine.” Cudney v. ALSCO, Inc., 172 Wash.2d 524 , 259 P.3d 244, 246 (2011) (en banc). Because Gress failed to establish that Conover’s conduct was linked to a violation of the Washington Family Leave Act (WFLA) or the Family Medical Leave Act of 1993 (FMLA), he failed to raise a genuine issue of material fact that he was terminated in violation of public policy. See Sanders v. City of Newport, 657 F.3d 772, 777-78 (9th Cir.2011); see also Sicilia v. Boeing Co., 775 F.Supp.2d 1243, 1256 (W.D.Wash.2011) (order) (explaining that the FMLA and the WFLA do not entitle employees to rights or benefits that “they would not have been entitled to had they not taken leave”) (citations omitted). Because Gress never requested family leave, he did not establish a prima facie case of retaliation under either law. See Little v. Windermere Relocation, Inc., 301 F.3d 958, 969 (9th Cir.2002), as amended…