Rivera

Plaintiff John Rivera (“Rivera”) appeals from two orders of the district court, one granting in part defendants’ motion to dismiss and the other granting in full defendants’ motion for summary judgment. Rivera maintains that: (1) the district court erred in granting summary judgment in favor of his employer on his wrongful termination claim; (2) he is entitled to bring a state law claim for defamation against the individual defendants and Amtrak can be held vicariously liable for the statements made by those defendants; and (3) the district court abused its discretion by denying him leave to amend his complaint in order to assert a claim for defamation against Amtrak under the Federal Employers Liability Act (“FELA”).

BACKGROUND

I. Factual History

This case was adjudicated by summary judgment, so all the “facts” reported herein are mere allegations, and none of the allegations have been proved. Rivera began working for the National Railroad Passenger Corp. (“Amtrak”) on August 14, 1995 as a night watchman. Shortly thereafter, Rivera asserts, he discovered that his supervisor, Richard Carney (“Carney”), and other Amtrak employees were using and selling drugs on the job.…