Before the Court is a Motion to Dismiss or, in the Alternative, for Summary Judgment, filed by Defendant Wackenhut Services, Inc. Wackenhut argues thatseveral of the causes of action that Plaintiff Travis Grandison raises in his Complaint are preempted by Section 301(a) of the Labor Management Relations Act, 29 U.S.C. § 185(a) ("LMRA"). Wackenhut further argues that the Complaint fails to allege facts sufficient to support Mr. Grandison's intentional infliction of emotional distress and due process claims. Mr. Grandison concedes that his due process claim fails as a matter of law but otherwise opposes the motion. The Court agrees with Wackenhut and will grant the motion for partial dismissal.
Travis Grandison is an African American male who was formerly employed by Wackenhut as a Special Police Officer at the General Accounting Office in Washington, D.C. Compl. ¶¶ 3, 9. Mr. Grandison was hired in April 2005 and, beginning sometime in that year, he alleges that he experienced harassment from an African American supervisor and other officers and officials of Defendant which included but was not limited to improper and false allegations about [Mr. Grandison's] dress, overlooking acts of female officers which should have resulted in discipline, making up rules that applied only to [Mr. Grandison], intentionally interfering with [Mr. Grandison's] right to leave work, being sent home without pay for trumped up reasons including not being properly dressed in uniform, allegedly sleeping on the job, intentionally not taking authorized breaks, attempts to have other officers write disparaging remarks concerning [Mr. Grandison], being deprived of taking necessary courses which resulted in one of his required certifications, unfounded threats of discipline, lies concerning [Mr. Grandison] being argumentative or verbal with his supervisor, intentional provocation by supervisor and others in order to terminate [Mr. Grandison] and different treatment based on his education.
Mr. Grandison complained to his superiors about these alleged acts of harassment, but on March 1, 2006, his superiors notified him that his allegations were not supported by the record. Id. ¶¶ 11-13. On the same day, Mr. Grandison contends that he "was physically assaulted on the premises of Defendant by his former supervisor." Id. ¶ 14. On March 10, 2006, Mr. Grandison received two disciplinary reports, which he alleges "were intentionally tailored by management to make it appear that they were second and third offenses." Id. ¶ 15. Mr. Grandison avers that the bases for the disciplinary reports were "contradictory and misleading" and that he was "threatened with termination." Id. On March 13, 2006, Mr. Grandison filed a complaint with the Equal Employment Opportunity Commission ("EEOC"). Id. ¶ 17. Three days later, Mr. Grandison was suspended for five days for "alleged violation of security procedures and regulations." Id. ¶ 18. The very next day, Mr. Grandison received another notice of suspension, this time for three days, based on his "alleged tardiness or failure to observe assigned work hours." Id. ¶ 19.
On April 2, 2006, Mr. Grandison was allegedly "injured at work when a [f]reight
[e]levator crashed on his head causing injuries to his head, neck, back and shoulders." Id. ¶ 21. He was cleared to return to work on April 30, 2006, id. ¶ 22, and, on that day, Mr. Grandison "started a part time position with Startech Security Company at the National Building [M]useum located in Washington, D.C.," id. ¶ 23.*fn1 Mr. Grandison contends that during May 2006, representatives of Wackenhut made "inappropriate inquires" about the status of his part-time work at Startech, including allegedly harassing a Startech supervisor and inferring that Wackenhut would bring legal action against Mr. Grandison and Startech. Id. ¶ 25. On May 3, 2006, K. A. Conry, Wackenhut's Vice President and General Manager, notified Mr. Grandison that he was being suspended for five days "for willful insubordination and another 3-5 days for not wearing his hat and tie on April 2, 2006 [the day of his injury]. [Mr. Grandison] was informed that dismissal was recommended because of the May 3, 2006 suspension." Id. ¶ 26. One week later, Mr. Grandison filed an EEOC complaint alleging retaliation. Id. ¶ 30. On May 25, 2006, Mr. Grandison "was terminated . . . on the basis of willful insubordination." Id. ¶ 32.
Mr. Grandison filed this action on March 23, 2007, in D.C. Superior Court. The Complaint contains causes of action for race and sex discrimination, retaliation, and discriminatory discharge in violation of the D.C. Human Rights Act, D.C. Code §§ 2-1401.01 et seq. See Compl., Counts I, II, III, and VII. The Complaint also asserts common-law causes of action for Intentional Infliction of Emotional Distress (Count IIIB),*fn2 Breach of Contract (Count IV), Slander/Defamation Per Se (Count V), Breach of the Covenant of Good Faith and Fair Dealing (Count VI), and Interference with Contract (Count IX). Finally, the Complaint contains a cause of action alleging that "Defendant violated the procedural due process of [Mr. Grandison.]" Compl. ¶ 66 (Count VIII).
Mr. Grandison bases his breach of contract and breach of the covenant of good faith and fair dealing on Wackenhut's Personnel Policy and Procedures manual, which he alleges to be a contract of employment. See id. ¶¶ 48-52, 60. Mr. Grandison bases his intentional infliction of emotional distress claim on "the actions of Defendant in terminating" him. Id. ¶ 46.
Defendant removed the Complaint to this Court on April 23, 2007, on the basis of diversity jurisdiction.*fn3 On April 30, 2007, Defendant moved to dismiss certain of the Complaint's common-law claims as well as the due process claim. That motion has now been fully briefed and is ripe for decision.
A motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) challenges the adequacy of a complaint on its face, testing whether a plaintiff has properly stated a claim. Although a complaint "does not need detailed factual allegations, a plaintiff's obligation to provide the 'grounds' of his 'entitlement to relief' requires more than labels and conclusions, and a formulaic recitation of the elements of a cause of action will not do." Bell Atl. Corp. v. Twombly, 127 S.Ct. 1955, 1964-65 (2007) (internal citations omitted). The court must treat the complaint's factual allegations - including mixed questions of law and fact - as true, drawing all reasonable inferences in the plaintiff's favor, Macharia v. United States, 334 F.3d 61, 64, 67 (D.C. Cir. 2003); Holy Land Found. for Relief & Dev. v. Ashcroft, 333 F.3d 156, 165 (D.C. Cir. 2003), and the facts alleged "must be enough to raise a right to relief above the speculative level," Twombly, 127 S.Ct. at 1965. But the court need not accept as true inferences unsupported by facts set out in the complaint or legal conclusions cast as factual allegations. Browning v. Clinton, 292 F.3d 235, 242 (D.C. Cir. 2002).In deciding a 12(b)(6) motion, the Court may consider only "the facts alleged in the complaint, documents attached as exhibits or incorporated by reference in the complaint, and matters about which the Court may take judicial notice." Gustave-Schmidt v. Chao, 226 F. Supp. 2d 191, 196 (D.D.C. 2002) (citation omitted). The Court may, however, in its discretion, consider matters outside the pleadings and thereby convert a Rule 12(b)(6) motion into a motion for summary judgment under Rule 56. See Fed. R. Civ. P. 12(b); Yates v. District of Columbia, 324 F.3d 724, 725 (D.C. Cir. 2003).
Wackenhut moves for dismissal or summary judgment on Mr. Grandison's breach of contract, good faith and fair dealing, intentional infliction of emotional distress, and due process claims. Mr. Grandison "submits with regard to the due process issue." Pl.'s Reply to Def.'s Motion for Partial Dismissal Or, In the Alternative, For Partial Summ. J. ("Pl.'s ...