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Reid v. The City of Albany

The plaintiff's termination did not give rise to an action for alleged wrongful termination, because he was an at-will employee.

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Proceeding pro se, Willie Henry Reid sued the City of Albany and three city employees for wrongful termination. The trial court dismissed the complaint for failure to state a claim upon which relief could be granted. Reid appeals, and for reasons that follow, we affirm. A motion to dismiss ” ‘may only be granted if the allegations in the complaint disclose with certainty that the plaintiff would not be entitled to relief under any state of facts that could be proved in support of the claim.’ “ 1 We review the trial court’s ruling on a motion to dismiss de novo, construing the pleadings in favor of the plaintiff.2

Reid’s two-page complaint contains very few allegations. He contends that he was “arbitrarily terminated” from employment with the City’s engineering department and that the defendants “falsified” his “termination document.” He further claims that the defendants “conspired to deceive Department of Labor investigators.” With respect to the termination, Reid apparently contends that his dismissal violated the City’s personnel policies, which, according to Reid’s appellate brief, “had provisions for hiring, disciplining, firing, and due process to ensure employees were treated reasonably fair.” In essence, he alleges that the termination violated his due process rights.

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