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Apodaca v. Safeway, Inc.

Supreme Court of Wyoming

March 31, 2015

CELINA APODACA, Appellant (Plaintiff),
v.
SAFEWAY, INC., Appellee (Defendant)

Appeal from the District Court of Fremont County. The Honorable Norman E. Young, Judge.

Celina Apodaca, Appellant, Pro se, Lander, WY.

For Appellee: Joanna R. Vilos of Holland & Hart LLP, Cheyenne, WY.

Before BURKE, C.J., and HILL, KITE, DAVIS, and FOX, JJ.

OPINION

Page 22

HILL, Justice.

[¶1] Celina Apodaca filed a complaint against Safeway Inc., her former employer, asserting claims for harassment, emotional stress, personal injury, loss of income, and age discrimination. Safeway moved to dismiss for lack of subject matter jurisdiction and for failure to state a claim, and the district court granted that motion. We affirm.

ISSUES

[¶2] In her pro se statement of issues, Ms. Apodaca quotes from the district court's dismissal order and asserts that she " was in compliance with the time frame." Safeway states the issues for our review more clearly:

A. Did the District Court correctly dismiss Apodaca's discrimination and harassment claims where she failed to allege timely satisfaction of the statutory jurisdictional conditions precedent, and she in fact failed to satisfy such conditions?
B. Were Apodaca's state law tort claims properly dismissed where such claims were preempted by the Labor Management Relations Act?

FACTS

[¶3] Ms. Apodaca began working as a courtesy clerk for the Safeway store in Lander, Wyoming on October 20, 2011. She resigned on December 21, 2012. On November 13, 2013, the federal Equal Employment Opportunity Commission (EEOC) issued a notice to Safeway informing it that Ms. Apodaca had filed a charge of discrimination alleging age discrimination. On November, 19, 2013, the EEOC issued a Dismissal and Notice of Rights, which informed Ms. Apodaca that the EEOC was closing its file on Ms. Apodaca's charge because her charge was not timely filed with the EEOC.

[¶4] On February 4, 2014, Ms. Apodaca filed a complaint in district court alleging the following incidents occurred during her employment with Safeway:

--she did not receive a 90-day evaluation and ...

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