Opinion
CASE NUMBER: 09-14182.
January 5, 2010
ORDER
On September 18, 2009, Plaintiff filed a four-count Complaint in the Oakland County Circuit Court for: (1) intentional infliction of emotional distress (count I); (2) retaliation and violation of public policy (count II); (3) conspiracy to violate Plaintiff's Civil Rights (count III); and (4) violation of the Whistle-Blower Protection Act (count IV). The case was removed to this Court on October 23, 2009. Pursuant to a Stipulated Order, counts I, II, and II were dismissed on November 2, 2009.
Before the Court is Defendants' Motion to Dismiss. (Doc. #5). Defendants ask the Court to dismiss Plaintiff's claim under the Whistle-Blower Protection Act for failure to state a claim upon which relief can be granted.
Also before the Court is Defendants' Motion to Transfer Venue Pursuant to 28 U.S.C. § 1404(A). Defendants ask the Court to transfer this case to the United States District Court for the Northern District of California. (Doc. #3).
Under the Whistle-Blower Protection Act, "[t]here must be a public element to the matter about which a whistleblower raises an alarm." Meier v. Detroit Diesel Corp., 2006 WL 2089208 at *1 (Mich. App. July 27, 2006) (citing Shallal v. Catholic Soc. Services of Wayne County, 455 Mich. 604, 621 (1977) ("The primary motivation of an employee pursuing a whistleblower claim `must be a desire to inform the public on matters of public concern, and not personal vindictiveness'")); see also Dolan v. Continental Airlines/Continental Express, 454 Mich. 373, 381 (1997) ("The act was intended to protect employees who alert the public to `corruption or criminally irresponsible behavior in the conduct of government or large businesses'") (citation omitted).
Plaintiff alleges Defendants violated the Whistle-Blower Protection Act by terminating her employment after she threatened to tell the Attorney General that Defendants stole her commissions. The allegation that Defendants stole Plaintiff's commissions is not a matter of public concern, and it is not established.
Defendants' motion to dismiss is GRANTED, Plaintiff's Complaint is DISMISSED, and Defendants' motion to transfer is MOOT. IT IS ORDERED.