Borodkin

MEMORANDUM *

1. We affirm the district court’s grant of summary judgment to Omni Air International, Inc. on the Nevada wrongful termination cause of action. Nevada’s tortious discharge action is “severely limited to those rare and exceptional cases where the employer’s conduct violates strong and compelling public policy.” Wayment v. Holmes, 112 Nev. 232 , 912 P.2d 816, 818 (1996) (internal quotation marks omitted); see also Chavez v. Sievers, 118 Nev. 288 , 43 P.3d 1022, 1026 (2002). Nevada would not recognize a cause of action protecting an employee who has been terminated for failing an alcohol test that was not conducted strictly pursuant to the Federal Aviation Regulations; such a cause of action neither expresses Nevada policy nor protects public safety. The California case Borodkin cites, Green v. Ralee Engineering Co., 19 Cal.4th 66 , 78 Cal.Rptr.2d 16 , 960 P.2d 1046 (1998), does not suggest otherwise. Unlike Nevada, California has a whistleblower statute that prohibits retaliation against an employee for disclosing a violation of state or federal regulations, and the whistleblower there was advancing the interest in public safety expressed in the Federal Aviation Act —…