Archives for March 2015

Washington State Supreme Court Decides That Damages For Wrongful Denial Of Health Benefits Can Include Deferred Costs And Lost Health And Longevity Of Employees

By Erica Shelley Nelson and Brennen Johnson

bad money 2In Becker v. Community Health Systems, Inc., Division III of the Washington State Court of Appeals determined that a Chief Financial Officer could sue his former employer for firing him when he refused to submit a false or misleading financial report. Although the Company sought to dismiss the CFO’s lawsuit, the Court decided that the former CFO could pursue a state common law claim for “wrongful discharge in violation of public policy.”

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Washington State Supreme Court Decides that Damages for Wrongful Denial of Health Benefits Can Include Deferred Costs and Lost Health and Longevity of Part-Time Employees

By Erica Shelley Nelson and Brennen Johnson

BacteriaIn Moore v. Washington State Health Care Authority, the Washington State Supreme Court determined that State employees who were wrongfully denied health care benefits were entitled to the value that the benefits would have cost the State. Although the State argued that it should only be responsible for the out-of-pocket costs that employees paid for healthcare during the time they were denied benefits, the Court determined otherwise. The Court decided that such a method for measuring what the State owed the employees would fail to account for all of the damage that was inflicted on the employees through the denial of benefits.

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Washington Court of Appeals Determines that Civil Service Commission Lacks Authority to Oversee Remedies for Employer Wrongful Conduct

By Erica Shelley Nelson and Brennen Johnson

pickpocket-illustration-thieving-43027673In City of Medina v. Skinner, the Washington Court of Appeals, Division I, determined that the Civil Service Commission lacks the authority to award back pay for wrongful terminations or suspensions. The City of Medina asked the State Court system for relief from a Commission decision in which the Commission modified the discipline of a Medina Police Lieutenant and specifically awarded him back pay and benefits at a pay scale starting from the time when he would have returned from the modified suspension. The Court determined that the Commission lacked the authority to award back pay and overruled the Commission’s decision, as far as it ordered the City to pay the former Lieutenant.

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