Tiner v. Greenberg, Traurig, P.A.
Opinion of the Court
MEMORANDUM
Sheila Tiner appeals from the district court’s order granting summary judgment in favor of appellees. We affirm. Because the parties are familiar with the factual and procedural history of this case, we will not recount it here.
The district court was correct to grant summary judgment because Tiner did not
Even if Tiner had presented sufficient evidence of constructive termination, summary judgment would still have been proper because she failed to establish that her termination would have been against public policy. In order for a termination to be actionable it must have been in violation of a “fundamental, well-established, substantial policy that concerns society at large rather than the individual interests of the employer or employee.... ” Hunter v. Up-Right Inc., 6 Cal.4th 1174, 26 Cal. Rptr.2d 8, 864 P.2d 88, 94 (Cal. 1993) (citing Foley v. Interactive Data Corp., 47 Cal.3d 654, 254 Cal.Rptr. 211, 765 P.2d 373, 379 (Cal. 1988)). Tiner failed to present evidence that her termination violated public policy. She did not claim that she was asked to do anything illegal or improper, nor did she claim that she made any attempt to reveal the alleged billing fraud. Thus, the district court correctly granted summary judgment in appellees’ favor.
The district court’s order granting summary judgment is AFFIRMED.
Tiner also separately appeals from the protective order which precluded her from seeking discovery in certain areas. Because we affirm the grant of summary judgment, Tiner’s appeal of the protective order has become moot. Therefore, Tin-er’s appeal from the protective order is DISMISSED as moot.
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Ninth Cir. R. 36-3.
Reference
- Full Case Name
- Sheila TINER, Plaintiff—Appellant v. GREENBERG, TRAURIG, P.A., a Florida professional association Law Offices of Carol Perrin Carol Perrin, Defendants—Appellees
- Status
- Published