Backes

MEMORANDUM *

Appellants — blackjack dealers on the graveyard shift at appellee’s casino — challenge the district court’s grant of summary judgment for the casino on their claim of wrongful discharge. They contend they were fired after complaining to the state labor commissioner about a change in the casino’s tip distribution policy, which they allege violated Nevada law. See NRS 608.160(a) (forbidding any person from taking “all or part of any tips or gratuities bestowed upon his employees”).

Although appellants are at-will employees, they argue that their case falls under a Nevada exception that permits at-will employees to bring an action for wrongful discharge in violation of public policy. See Hansen v. Harrah’s, 100 Nev. 60 , 675 P.2d 394 (1984) (employees fired after filing worker compensation claims); Western States v. Jones, 107 Nev. 704 , 819 P.2d 206 (1987) (employee dismissed for refusing to work under unreasonably dangerous conditions).

We do not need to reach this issue, however. We conclude that even if such a cause of action were cognizable under Nevada law, appellants have failed to demonstrate that there is a disputed issue of fact as to the casino’s motivation…