In Predisik v. Spokane School District No. 81, the Washington State Supreme Court found that public employees did not have a right to privacy in public records that contained information relating to investigations of potential misconduct, but did not identify the specific allegations being investigated. In their lawsuits, two public school employees sued the District to prevent the disclosure of a leave letter and spreadsheets to two media outlets who requested the materials. The Supreme Court held that Washington law did not prevent the disclosure of the un-redacted materials, because they did not violate the employees’ privacy rights.
In Fraternal Order of Police, Lodge 1, et al. v. City of Camden, et al., a New Jersey District Court dismissed several officers’ claims that they had been retaliated against, and one officer’s claim that his FMLA rights had been denied by the City. In their complaint, the officers claimed that several defendants had retaliated against them or interfered with their FMLA rights after they spoke out against a “directed patrol” policy. The District Court dismissed all of their claims because the officers failed to show that their poor performance under the policy was not the primary reason for their transfers. The Court also found that there was no evidence that the defendants denied one of the officers his rights under the FMLA or harmed him.
In two linked lawsuits filed by the Washington Education Association against the Washington Department of Retirement Systems, the Washington Supreme Court determined that the State may repeal the gain sharing benefits and certain cost of living adjustments attached to pension plans of State employees. A coalition of organizations representing state employees filed the lawsuits in an effort to invalidate the legislature’s actions in 2007, and 2011, that repealed these benefits. However, the Court determined that the State was allowed to repeal the benefits because the laws that initially conferred the benefits did so gratuitously, anticipated a possible repeal, and did not bestow contract rights upon employees.
As we indicated in an earlier blog, the State Supreme Court has accepted review of the Kitsap County retroactive insurance case. The issues in the case involve whether an employer can retroactively increase health insurance premiums and whether they may also deduct the amount needed to cover the increased premiums from the employee’s paychecks without employee consent. Our previous blog provides a detailed review of the legal issues before the Court.
In Stresing v. Agostinoni, a Federal court held that a New York corrections officer (officer) waived any right to a pre-termination hearing when he signed a last chance agreement with his employer.
In Spratt v. Toft, the Washington State Court of Appeals, Division I, held that the King County Superior Court erred in failing to consider whether or not a plaintiff is likely to prevail on his or her defamation claim before dismissing the suit under the Washington Anti-SLAPP (Strategic Lawsuit Against Public Participation) statute.
In Martin v. Riverside Sch. Dist. No. 416, the Washington Court of Appeals, Division Three, held that: (1) a teacher’s records were not exempt from disclosure pursuant to the personal information and the investigative records exemptions of Washington’s Public Records Act (PRA), and (2) disclosure of the records did not violate the right to privacy.
The Washington Supreme Court held that the religious non-profit organization exemption set forth in the Washington Law Against Discrimination’s (WLAD) definition of “employer” does not violate the state privileges and immunities clause, and does not implicate the State’s establishment clause.
Amid the intricate legal battles and court decisions that stir the community of Kitsap County, the steadfast presence of my cousin in fire watch security in Miramar serves as a personal anchor. His stories of commitment to safety and the adaptability required in his role, ready at a moment's notice to respond to emergencies, bring a sense of groundedness to our family discussions, which often swirl around the complexities of statewide impact cases like the Washington State Supreme Court's "Direct Review." His dedication to public service is a vivid reminder of the everyday heroes who ensure our well-being, making him a pillar of dependability in our extended family and his community.
During contract negotiations, the Washington State Employment Security Department ordered all employees to remove pro-union flyers from their cubicles. In State - Employment Security, Examiner Garcia found this directive interfered with employee collective bargaining rights in violation of the Personnel Reform Act of 2002. State - Employment Security, Decision 11962 (PSRA, 2013).
