Donn Milton Case Summary
Donn Milton severed as a Vice President of IITRI's Advanced Technology Group, which included TSMI and several other projects. IITR is a nonprofit organization and uses Tax Exempt status for several projects. Milton filed suit against IITRI in Virginia state court for wrongful discharge and breach of contract. IITRI removed the case to federal court and successfully moved to dismiss. Donn Milton was a petitioner who was employed with defendant IITRI.
IITRI hired Milton to supervise administration of a contract between the company and the federal government called the Tax Systems Modernization Institute (TSMI). Later Milton became Vice President of IITRI's Advanced Technology Group, which included TSMI and several other projects. Milton believed that IITR was abusing the nonexempt status for several of its project which generated business doing …show more content…
IITRI removed the case to federal court and successfully moved to dismiss
Legal issue and Question: Donn Milton's wrongful discharge action against his former employer, IIT Research Institute (IITRI), raises two legal issues: the choice of law to govern Milton's claim and the viability of his claim under that law.
Legal Answer and who wins:
The court held judgment of District Courts dismissing Donn Milton's wrongful discharge action against his former employer.
Maryland law recognizes a small loop whole the general rule of at-will employment. As per the law the exception for the common rule of at-will employment is applied in the case: (1) "where an employee has been fired for refusing to violate the law or the legal rights of a third party," and (2) "where [an] employee has been terminated for exercising a specific legal right or duty," Because Milton does not fit in either category, his suit for wrongful discharge was properly dismissed.