Public Employees Seifert v. Unified Government of Wyandotte County, Kansas (10th Cir., February 27, 2015) (affirming in part and reversing in part conclusions as to plaintiff’s testimony against public officers and potentially pretextual reasons for his dismissal and mistreatment) Discrimination/Retaliation Tadlock v. Marshall County HMA, LLC (10th Cir., February 25, 2015) (reversing summary judgment in […]
Workers Compensation/Occupational Safety and Disease Carver v. Colvin (10th Cir., January 20, 2015) (affirming denial of supplemental security income) Contract/Noncompete/Trade Secret/Wrongful Termination Velez v. DeBry & Associates (Utah Ct. App., January 23, 2015) (affirming the lower court’s finding that res judicata barred Velez from litigating his claim in district court because he failed to bring […]
Recently, Myton, a small city located in Duchesne County, has come under scrutiny for hiring as a police chief a former police officer that had a long history of criminal stalking charges filed against him. The history is detailed in a recent Deseret News Article entitled “Did undocumented stalking allegations help officer land new jobs?” […]
In Mallory v. Brigham Young University, the Utah Supreme Court held that a police cadet employed by BYU was considered an employee for governmental immunity purposes. The decision reversed a 2012 Utah Court of Appeals decision holding otherwise, and concluded that the plaintiff had no claim because he had failed to serve a notice of claim […]
In Kocherhans v. Orem City, the Utah Court of Appeals upheld the decision of a trial court dismissing the claim of a former Orem City Treasury Division Manager for wrongful termination. The court ruled that the former employee’s failure to appeal the Employee Appeal Board’s decision to the Utah Court of Appeals precluded him from […]
Tol On July 25, 2011, the Tenth Circuit Court of Appeals, the federal appellate court having jurisdiction over federal cases in Utah, decided an issue that had yet to be decided by that court—whether an employee claiming a violation of his or her right to association was required to show that the association involved an […]
In McLeod v. Retirement Board, the Utah Court of Appeals refused to reverse the Utah State Retirement Board’s decision that a Davis County sheriff deputy’s “retirement benefits from two periods of public employment must be calculated separately.” The Court disagreed that the plain language of the statute required the Board to treat the two separate periods as […]
In Borde v. Board of County Commissioners, the Tenth Circuit Court upheld a trial court’s order denying immunity to County Commissioners for violating former employees’ due process rights when, among other things, they failed to put on the agenda of the meeting that they would be considering the employment contract of the employees. Stating that […]
In Sarkar v. McCallin, the Tenth Circuit affirmed a trial court’s decision to dismiss a case that a Chief Information Officer brought against his former employer. The CIO argued, among other things, that he was dismissed for exercising his First Amendment rights in complaining about the contract performance of one of the computer software vendors providing services […]
In Dillon v. Twin Peaks Charter Academy, the Tenth Circuit Court of Appeals upheld a jury verdict against a teacher’s claims of violation of her free speech and association rights by a charter school. The teacher claimed that the charter school’s ban on gossip and command “forbidding teachers from discussing school matters outside of school” […]
