Alaska Employment Law

Last November, U. S. District Judge Ralph Beistline certified these 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.

The Court (without Justice Winfree participating) has now unanimously declined the certification.  Its March 17th Order states:

The Court declines to accept the request because it appears that the issues sought to be certified are unlikely to play an important role in the ultimate disposition of the plaintiffs’ claims.  

The federal case is Hutton and Whorton v. City of Fairbanks, 4:08-cv-00029-RRB (D.Alaska ).  It’s the same case where Judge Beistline denied, without prejudice, the plaintiff’s disqualification motion directed toward defense counsel who had conducted the internal investigation.  That issue was the subject of a recent ELS CLE.

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