Justia Alaska Supreme Court Opinion Summaries

Terminated employee Karen Crowley appealed a superior court's dismissal of her contract claims against her former employer, the Alaska Department of Health & Social Services, Office of Children's Services (OCS). Ms. Crowley was hired in 2000 as a non-permanent social worker. She was granted permanent status after a six-month probation. Toward the end of her probationary period, Ms. Crowley's supervisor began receiving complaints about Ms. Crowley's job performance. An investigation was initiated. The report of the investigation found seven specific allegations against her. In 2002, the director of OCS terminated Ms. Crowley's employment. Subsequently Ms. Crowley filed suit in 2004, alleging breach of the implied covenant of good faith and fair dealing, wrongful retaliation and discrimination based on age and race. In 2006, the superior court granted summary judgment to OCS on all counts. Ms. Crowley appealed to the Supreme Court in 2007, which then reversed and remanded the superior court's judgment with respect to the good faith and fair dealing and retaliation claims. The remaining issues were retried, and judgment reentered in favor of OCS. Upon re-review of Ms. Crowley's claims, the Supreme Court found that she showed neither an objective nor a subjective breach of the implied covenant of good faith and fair dealing. Accordingly, the Court affirmed the superior court's judgment dismissing her case. View "Crowley v. Alaska" on Justia Law

The Alaska Department of Transportation and Public Facilities (DOTPF) fired Appellee Paul Smith for misconduct. Smith, an equipment operator, shot and field-dressed a moose while on duty in 2005 and received a thirty-day suspension. In 2006, he took a fuel tank stand from his workstation, later claiming that he thought he received permission to do so. At about the same time, 100 gallons of fuel disappeared from the same station. DOTPF concluded that Appellee had stolen the fuel and terminated him. After unsuccessfully filing union grievances and complaints with the state Human Rights Commission and federal Equal Employment Opportunity Commission, Appellee filed suit, alleging breach of contract, civil rights and tort law violations. The superior court granted summary judgment to the state on all counts. Appellee appealed the superior court's ruling on his civil rights and contract claims. Upon careful consideration of the trial court record and the arguments Appellee made on appeal, the Supreme Court affirmed the superior court's decisions as to both of Appellee's claims. View "Smith v. Alaska" on Justia Law

Appellant Leta Trask painted a religious message on her roof. Appellee Ketchikan Gateway Borough filed a complaint to enjoin Ms. Trask from displaying the message. The Borough argued that the message was in violation of a borough ordinance prohibiting roof signs. Ms. Trask counterclaimed for relief under 42 U.S.C. 1983, arguing that the Borough's enforcement of the ordinance violated her free speech rights. The superior court held that the message was not a "sign" contemplated by the ordinance and that she did not have to remove it. The court dismissed Ms. Trask's 1983 claim for lack of standing. Ms. Trask appealed the dismissal of her 1983 claim to the Supreme Court. Upon review of the briefs submitted and the applicable legal authority, the Supreme Court found that it was error to dismiss Ms. Trask's 1983 claim. The Court reversed the lower court's dismissal, and remanded the case for further proceedings. View "Trask v. Ketchikan Gateway Borough" on Justia Law

Appellee Advanced Physical Therapy, Inc. (APT) terminated the employment of Appellant Patricia Hoendermis. She had previously served as the clinicâs practice administrator. APTâs reason for terminating her was that Appellant had difficulty communicating with her co-workers and supervisors. Accordingly, Appellant disagreed with APTâs decision, and sued APT for wrongful termination and for failing to provide her overtime compensation. Appellant maintained that she was not an administrative or executive employee, and was therefore entitled to overtime pay. Furthermore, she alleged APT violated the covenant of good faith and fair dealing in her employment contract. The Superior Court granted APT summary judgment, and Appellant appealed to the Supreme Court. The Court reversed the grant of summary judgment to APT because it found genuine issues of material fact raised by Appellant on both her overtime compensation and wrongful termination claims. The Court remanded the case for further proceedings.