Gonzales v. City of Albuquerque, No. 11-2248 (10th Cir. 2012)
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Plaintiffs-Appellants, eight operators and a supervisor at the City of Albuquerque's 311 Citizen Contact Center (CCC), appealed the grant of summary judgment in favor of Defendants-Appellees City of Albuquerque, Ed Adams, and Esther Tenenbaum, on claims arising from their termination. The City's Merit System governed Plaintiffs' employment; section 3-1-6 of the Merit System Ordinance (MSO) divides employees into classified and unclassified service, and defines unclassified employees as "employees at will." When the City created the 311 CCC, it designated all positions as unclassified. Upon joining the 311 CCC, each Plaintiff signed a form that listed their Employment or Position Status as "Unclassified." Between 2005 and 2009, Plaintiffs were terminated from the 311 CCC. Some Plaintiffs were subject to Progressive Disciplinary Action, while others faced Immediate Termination. In April 2009, Plaintiffs filed suit in New Mexico state court for (1) breach of employment contract, (2) denial of due process and equal protection, (3) wrongful termination, (4) violation of the Family Medical Leave Act (FMLA), and (5) violation of the Fair Labor Standards Act (FLSA). In a lengthy opinion, the district court found that summary judgment was appropriate because Plaintiffs, as unclassified employees, were employed at will, and (1) had no protected property interest in continued employment; (2) had not raised a genuine issue of material fact whether they had an implied employment contract; and (3) had not raised a genuine issue of material fact whether they were terminated in violation of a clear mandate of public policy. With respect to the FMLA claim, the court found that whether treated as a claim for retaliation or interference, Plaintiffs had failed to raise a genuine issue of material fact that the City's reason for termination was pretextual or that the City had interfered with Plaintiffs' right to FMLA leave. On appeal, Plaintiffs argued that the district court's grant of summary judgment was improper because the court weighed the evidence and failed to construe the facts in Plaintiffs' favor when determining that they were at will employees and thus rightly terminated. Upon review, the Tenth Circuit concluded that Plaintiffs' arguments lacked merit and affirmed the district court decision.
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