English v. General Electric Company

496 U.S. 72 (1990)

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Nature of the Case

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Facts

English (P) was employed by General Electric (D) at a nuclear fuel production facility. In 1984, P complained to D, and the NRC about perceived violations of nuclear safety standards including the failure of her fellow co-workers to clean up radioactive material spills in the laboratory. P decided to get even and failed to clean up her contaminated work area and then outlined the contaminated areas with red tape so as to make them conspicuous. A few days later P called her supervisor's attention to the marked off areas which still had not be cleaned. As a result, work was halted while the laboratory was inspected and cleaned. D then charged P with a knowing failure to clean up radioactive contamination and temporarily assigned her to other work. The D informed her she would be laid off unless she successfully bid for work in another area where she would not be exposed to nuclear materials. P's employment was terminated. P then filed a section 210(a) complaint. The Secretary dismissed the complaint as untimely because it had not been filed within 30 days after the company's notice of final decision. P then filed a diversity action for wrongful discharge and of intentional infliction of emotional distress. D's motion to dismiss for the intentional infliction claim was granted as the trial court deemed state law preempted by the Federal Government. The Court of Appeals affirmed.