Alvin Hoff v. Wiley Rein, LLP

Summary

The District of Columbia Court of Appeals affirmed dismissal of Alvin Hoff’s wrongful-termination claim against Wiley Rein, LLP. The court held that Hoff’s refusal to prepare a allegedly favorable employment evaluation did not implicate the narrow public-policy exception to at-will employment because the evaluation would not have constituted a false promise as to future performance under D.C. Code § 22-3221(c). The court treated Hoff’s separate DCHRA retaliation claim as waived because he did not pursue it on appeal.

Holdings

1. Hoff waived appellate review of the dismissal of his DCHRA retaliatory-discharge claim because his notice of appeal, brief, and oral argument did not challenge that ruling.
2. Hoff failed to state a wrongful-termination claim under the Adams exception because preparing a favorable performance evaluation would not have constituted a false promise or representation as to future performance under D.C. Code § 22-3221(c).

Questions Presented

1. Whether Hoff's failure to brief or argue the dismissal of his DCHRA retaliatory-discharge claim waived appellate review of that issue.
2. Whether Hoff adequately pleaded a wrongful-termination claim under the Adams public-policy exception to the District of Columbia at-will employment doctrine by alleging that he was fired for refusing to prepare a favorable performance evaluation that would have violated D.C. Code § 22-3221(c).

Disposition

affirmed