Dubuque v. The Boeing Co.

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Plaintiff filed suit against his employer, Boeing, for wrongful discharge in violation of public policy. Plaintiff was an at-will employee with Special Action Program (SAP) clearances and access for his classified work. After his SAP status was terminated, plaintiff refused Boeing's requests to debrief.The Eighth Circuit affirmed the district court's denial of Boeing's motion to dismiss for lack of subject matter jurisdiction and grant of dismissal under Federal Rule of Civil Procedure 12(b)(6). The court held that the district court correctly concluded it had subject matter jurisdiction over plaintiff's wrongful termination claim where the claim did not challenge the merits of the security clearance decision. The court also held that the district court properly dismissed plaintiff's wrongful discharge claim. In this case, plaintiff failed to state a claim upon which relief could be granted because the manuals he cites did not clearly prohibit him from being debriefed in a SAP facility. View "Dubuque v. The Boeing Co." on Justia Law