Eckman

Eckman v. Wal-Mart Stores, Inc.

Good Law
132 F. App'x 132
United States Court of Appeals for the Ninth CircuitMay 16, 2005No. 04-56431California302 words

Opinion

Lead Opinion

MEMORANDUM **

Agnes L. Eckman appeals pro se the district court’s summary judgment for Wal-Mart Stores, Inc., in her diversity action alleging disability discrimination, intentional infliction of emotional distress, and wrongful termination. We have jurisdiction pursuant to 28 U.S.C. § 1291 . We review de novo, Barnett v. Centoni, 31 F.3d 813, 816 (9th Cir.1994), and we affirm.

The district court properly dismissed Eckman’s disability discrimination claim for failure to exhaust administrative remedies because she failed to provide the court with a right to sue letter. See Rodriguez v. Airborne Express, 265 F.3d 890, 896 (9th Cir.2001) (exhaustion requires obtaining notice of the right to sue from the California Department of. Fair Employment and Housing).

The district court properly dismissed Eckman’s intentional infliction of emotional distress claim because she failed to allege conduct that was extreme and outrageous. See Braunling v. Countrywide Home Loans Inc., 220 F.3d 1154, 1158 (9th Cir.2000).

The district court properly granted summary judgment for Wal-Mart on Eckman’s wrongful termination claim because she was an “at-will” employee and her termination did not violate…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.