United States District Court, D. Columbia.
BUKOLA J. ALIBALOGUN, Plaintiff,
FIRST COAST SECURITY SOLUTIONS, INC., Defendant
For BUKOLA ALIBALOGUN, Plaintiff: Theodore S. Allison, KARR & ALLISON, P.C., Washington, DC.
For FIRST COAST SECURITY SOLUTIONS, INC., Defendant: Joel Jacob Borovsky, LEAD ATTORNEY, JACKSON LEWIS LLP, Reston, VA.
KETANJI BROWN JACKSON, United States District Judge.
Plaintiff Bukola Alibalogun (" Alibalogun" ) is a woman of African descent who worked as a security guard in the District of Columbia for approximately nine years. Alibalogun's employment with First Coast Security Solutions, Inc. (" First Coast" or " Defendant" ) began when First Coast took over a security services contract at a location where Alibalogun already worked, and it ended nine days later when First Coast fired her. Plaintiff has brought the instant action against First Coast, alleging breach of contract and wrongful termination in violation of District of Columbia common law, as well as discrimination based on sexual orientation and national origin in violation of the District of Columbia Human Rights Act (" DCHRA" ), D.C. Code § § 2-1401.01-2-1411.06. (Compl., ECF No. 1, ¶ ¶ 19-20, 23-24, 28, 32.)
Before this Court at present is First Coast's motion to dismiss Plaintiff's breach of contract and wrongful termination claims for failure to state a claim upon which relief can be granted pursuant to Federal Rule of Civil Procedure 12(b)(6). Because the Court finds that Alibalogun has failed to allege sufficiently any contractual obligation on the part of First Coast and that the allegations of the complaint do not support an exception to First Coast's general right to terminate at-will employees, this Court will GRANT First Coast's motion to dismiss with respect to the breach of contract and wrongful termination claims (Counts 1 and 2). What remains of the complaint is Plaintiff's contention that her termination was discriminatory (Counts 3 and 4), which Defendant has denied and with respect to which discovery will proceed. A separate order consistent with this Opinion will follow.
A. Factual Background
The complaint contains only sparse factual allegations; however, certain background facts relevant to Alibalogun's breach of contract and wrongful termination claims are clearly stated. Alibalogun had been employed as a security guard for nine years when First Coast acquired the security services contract at the location where Alibalogun worked. (Compl. ¶ 5.) This acquisition occurred on October 1, 2012, and nine days later, on October 10, 2012, First Coast terminated Alibalogun's employment, ostensibly for making a false entry in a timekeeping log. ( Id. ¶ ¶ 5-6.) Alibalogun states that she had a strong performance history and no disciplinary record prior to the termination of her employment. ( Id. ¶ 5.)
The exact circumstances surrounding Alibalogun's supposedly false log entry are hazy, but based on the allegations in the complaint, it appears that the incident concerned an entry made in the timekeeping log that Alibalogun's supervisor, Stacy Savoy, maintained. ( See id. ¶ ¶ 6, 11-12.) Alibalogun
claims that on October 3, 2012, she arrived at work 20 minutes early for her 4:00 p.m. shift, but could not park in her customary space because she was driving a borrowed truck that was too tall for the parking garage. ( Id. ¶ 7.) Instead, Alibalogun temporarily parked the truck on the street and informed Savoy that she had arrived but, due to local parking regulations, needed to move the truck before starting work. ( Id. ¶ 8.) Alibalogun says she moved the truck and returned in time to start her shift at 4:00 p.m. ( Id. ¶ 9.) When she returned, Alibalogun alleges, the prior security guard on duty--Vonetta Moon, with whom Alibalogun shared a " duty belt" --had taken a break, and Alibalogun had to wait for Moon to return before Alibalogun could take her post. ( Id. ¶ ¶ 10-11.) Moon, apparently, did not return until sometime after 4:00 p.m. ( See id.) According to the complaint, Savoy was aware of these events and instructed Alibalogun to sign the timekeeping log as though Plaintiff had started ...