Alaska Employment Law

Two Fairbanks police officers have sued the City of Fairbanks, claiming that the City demoted one and required the other to undergo a psychological evaluation, in retaliation for exercising their free speech rights.  The officers claim that the City’s conduct violates Alaska public policy, as well as the state Whistleblower Act, the 1st Amendment, HIPAA, etc. 

As to the public policy claim, the parties apparently agree that no Alaska case directly supports (or rejects) a public policy claim for retaliatory discipline less severe than termination of employment.

Beistline has now certified the following questions to the Alaska Supreme Court:

(1) Whether Alaska law recognizes a cause of action for “retaliation” when an employee is subjected to disciplinary action short of termination — i.e., for demotion,reassignment, threats, harassment or requiring a medical examination.

(2) Whether Alaska law recognizes a cause of action for “violation of public policy” when an employee is subjected to disciplinary action short of termination — i.e., for demotion, reassignment, threats, harassment or requiring a medical examination.

Complaint;  Order on Motion for Judgment re Public Policy Claim;  Order of Certification

Linda Johnson of Clapp Peterson in Anchorage represents the plaintiff employees.  Joe Evans of Washington represents the City of Fairbanks.