The Tenth Circuit Court of Appeals published its opinion in McBride v. Peak Wellness Center, Inc. on Monday, August 6, 2012.
The Tenth Circuit affirmed the district court’s decision. Petitioner is an accountant who worked as Respondent’s business manager for about nine years. Respondent terminated her in 2009, citing job performance and morale issues. Petitioner, however, claims she was terminated in retaliation for bringing various accounting improprieties to the attention of Respondent’s Board of Directors. Petitioner brought several federal and state-law claims against Respondent, among them (1) whistleblower retaliation under the federal False Claims Act (FCA); (2) violations of the federal Fair Labor Standards Act (FLSA); (3) breach of employment contract; (4) breach of implied covenant of good faith and fair dealing; (5) defamation; and (6) a federal sex discrimination claim under Title VII of the Civil Rights Act. After discovery, Respondent moved for summary judgment on all claims, and the district court granted the motion. Petitioner appeals the grant of summary judgment, arguing that significant issues of material fact remain unresolved and that her claims should proceed to trial. She also appeals the district court’s denial of an evidentiary motion. The Court found no error in the district court’s decision and affirmed.