Shayla Nelson v. Piston Automotive, LLC

Summary

The United States District Court for the Western District of Missouri denied Piston Automotive, LLC’s Rule 12(b)(1) motion to dismiss retaliation and whistleblower claims brought by Shayla Nelson under Missouri law. The court declined to consider an exhaustion argument raised for the first time in the reply brief and concluded that, even on the merits, the claims were reasonably related to the allegations in Nelson’s administrative charge.

Holdings

1. The court would not consider Piston's principal exhaustion argument because it was raised for the first time in the reply brief, depriving Nelson of a fair opportunity to respond.
2. Nelson's retaliation and whistleblower-protection claims were reasonably related to the allegations in her administrative complaint and therefore were administratively exhausted.
3. The motion to dismiss Counts II and IV was denied.

Questions Presented

1. Whether Piston's Rule 12(b)(1) motion should be granted based on an alleged failure to exhaust administrative remedies.
2. Whether the court should consider Piston's argument that discharge is a discrete act requiring separate inclusion in the administrative charge when the argument was first raised in the reply brief.
3. Whether Nelson's retaliation and whistleblower-protection claims were like or reasonably related to the allegations in her administrative charge.

Disposition

other