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Lupu v. Wyndham El Conquistador Resort & Golden Door SPA

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Before Boudin, Chief Judge, Lynch, Circuit Judge, and Keenan, *fn1 Senior District Judge.

Christian Lupu, whose career has been in the hotel industry, worked for three years for the Caribe Hilton Hotel in San Juan, Puerto Rico. He started work at his next job at the Wyndham El Conquistador Resort in Puerto Rico on November 29, 2004 as Director of Engineering. Wyndham’s written offer of employment was explicit that he was a probationary employee during the period starting November 29, 2004 and ending on February 26, 2005. On February 24, 2005, his superiors informed him his employment would end at the conclusion of the probationary period due to inadequacies in his performance. He worked thereafter at the Waldorf Astoria Hotel in New York.

He (and his wife and their conjugal partnership) filed suit in federal court in Puerto Rico over the termination of his employment by the Conquistador. His suit was dismissed. This appeal concerns only two of the several claims he made, under diversity jurisdiction, both of which the court disposed of on defendants’ motion for summary judgment. Both are claims of violations of Puerto Rico statutes: Act No. 115, P.R. Laws Ann. tit. 29, § 194a, prohibiting retaliation against certain defined whistleblowers, and Article 1802, P.R. Laws Ann. tit. 31 § 5141, for negligence. We affirm.

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