FMLA adverse action: An employee alleged that her employer retaliated against her for assertion of her FMLA by transferring her. She, thus, had to show that the transfer was an “adverse employment action.” The 9th Circuit reversed summary judgment for the employer, because of evidence that the new sales position covered a lower-growth territory with less possibility for commissions […]
Here are some further thoughts on Tom Daniel’s excellent presentation to the Employment Law Section yesterday noon.
Limits on public employment contracts: Zerbetz v. Alaska Energy Center, 708 P.2d 1270 (Alaska 1985), addresses the permissible terms in an employment contract with a public entity. In Zerbetz the Court held that the statutory authority to “employ” a Director […]
Tom Daniel will present at this Wednesday’s meeting of the Employment Law Section. See here for his materials on Alaska Due Process.
” . . . nor shall any state deprive any person of life, liberty, or property without due process of law. . . .”
14th Amendment, U. S. Constitution
Public employee due process claims involve two primary issues. The first is whether the public employee has been deprived of liberty or property within the meaning of the […]
In Roberts v. State, Dep’t of Revenue, 2007 WL 1793195 (Alaska June 22, 2007), the Court affirmed the dismissal of Roberts’ claim that the state (through enforcement of its gaming laws) had infringed on
his substantive due process right to gainful employment and to earn a living or his claim that the State violated his fundamental right […]
Today’s opinion in Tennessee Secondary School Athletic Ass’n v. Brentwood Academy, 2007 WL 1773196 (June 21, 2007), resolved two issues: Did the Ass’n violate the 1st Amendment when it enforced its rule barring high school coaches from recruiting middle school athletes (Answer: No)? and Did the Ass’n violate Due Process when its hearing panel, during deliberations, […]
