6 Alaska opinions name it 1 courts 1986–2024 1 in the last five years
The cases below were cited by Alaska courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Okpik v. City of Barrowgreen2 sentences2024Auth., 55 P.3d 57, 59 (Alaska 2002)). 9 Id. (citing Rice, 20 P.3d at 1102 n.7); Rice, 20 P.3d at 1102 n.7 (“Constructive discharge is not an independent cause of action, but merely satisfies the discharge element in a wrongful discharge claim.”). 10 Okpik, 230 P.3d at 679 (“An employer may breach the covenant objectively or subjectively.” (citing Witt v. State, Dep’t of Corr., 75 P.3d 1030, 1034 (Alaska 2003))). 2012DISCUSSION To prevail on a wrongful discharge claim, an employee must prove: “(1) that the employee was discharged by his or her employer and (2) that the employer breached a contract or committed a tort in connection with the employee’s termination.”10 In addition, “employees must first exhaust their contractual or administrative remedies, or show that they are excused from doing so, before they may pursue direct judicial actions against their employers.”11 If an employee fails to establish that an issue of material fact exists as to either of these grounds, or that the exhaustion requirement | 2 | 2 |
Witt v. State, Department of Correctionsgreen2 sentences2024Auth., 55 P.3d 57, 59 (Alaska 2002)). 9 Id. (citing Rice, 20 P.3d at 1102 n.7); Rice, 20 P.3d at 1102 n.7 (“Constructive discharge is not an independent cause of action, but merely satisfies the discharge element in a wrongful discharge claim.”). 10 Okpik, 230 P.3d at 679 (“An employer may breach the covenant objectively or subjectively.” (citing Witt v. State, Dep’t of Corr., 75 P.3d 1030, 1034 (Alaska 2003))). 2024An employer objectively breaches the covenant when it “fails to act in a manner that a reasonable person would consider fair.” Id. (quoting Witt, 75 P.3d at 1034 ). | 1 | 1 |
Charles v. Interior Regional Housing Authoritygreen2 sentences2024Auth., 55 P.3d 57, 59 (Alaska 2002)). 9 Id. (citing Rice, 20 P.3d at 1102 n.7); Rice, 20 P.3d at 1102 n.7 (“Constructive discharge is not an independent cause of action, but merely satisfies the discharge element in a wrongful discharge claim.”). 10 Okpik, 230 P.3d at 679 (“An employer may breach the covenant objectively or subjectively.” (citing Witt v. State, Dep’t of Corr., 75 P.3d 1030, 1034 (Alaska 2003))). 2024Auth., 55 P.3d 57, 59 (Alaska 2002)). 9 Id. (citing Rice, 20 P.3d at 1102 n.7); Rice, 20 P.3d at 1102 n.7 (“Constructive discharge is not an independent cause of action, but merely satisfies the discharge element in a wrongful discharge claim.”). 10 Okpik, 230 P.3d at 679 (“An employer may breach the covenant objectively or subjectively.” (citing Witt v. State, Dep’t of Corr., 75 P.3d 1030, 1034 (Alaska 2003))). | 1 | 1 |
State v. Beardgreen1 sentence2012DISCUSSION To prevail on a wrongful discharge claim, an employee must prove: “(1) that the employee was discharged by his or her employer and (2) that the employer breached a contract or committed a tort in connection with the employee’s termination.”10 In addition, “employees must first exhaust their contractual or administrative remedies, or show that they are excused from doing so, before they may pursue direct judicial actions against their employers.”11 If an employee fails to establish that an issue of material fact exists as to either of these grounds, or that the exhaustion requirement | 1 | 1 |
Cameron v. Beardgreen1 sentence2012DISCUSSION To prevail on a wrongful discharge claim, an employee must prove: “(1) that the employee was discharged by his or her employer and (2) that the employer breached a contract or committed a tort in connection with the employee’s termination.”10 In addition, “employees must first exhaust their contractual or administrative remedies, or show that they are excused from doing so, before they may pursue direct judicial actions against their employers.”11 If an employee fails to establish that an issue of material fact exists as to either of these grounds, or that the exhaustion requirement | 1 | 1 |
Wright v. Stategreen1 sentence2012DISCUSSION To prevail on a wrongful discharge claim, an employee must prove: “(1) that the employee was discharged by his or her employer and (2) that the employer breached a contract or committed a tort in connection with the employee’s termination.”10 In addition, “employees must first exhaust their contractual or administrative remedies, or show that they are excused from doing so, before they may pursue direct judicial actions against their employers.”11 If an employee fails to establish that an issue of material fact exists as to either of these grounds, or that the exhaustion requirement | 1 | 1 |
McCormick v. City of Dillinghamgreen1 sentence2012DISCUSSION To prevail on a wrongful discharge claim, an employee must prove: “(1) that the employee was discharged by his or her employer and (2) that the employer breached a contract or committed a tort in connection with the employee’s termination.”10 In addition, “employees must first exhaust their contractual or administrative remedies, or show that they are excused from doing so, before they may pursue direct judicial actions against their employers.”11 If an employee fails to establish that an issue of material fact exists as to either of these grounds, or that the exhaustion requirement | 1 | 1 |
Yost v. State, Division of Corporations, Business & Professional Licensinggreen1 sentence2012DISCUSSION To prevail on a wrongful discharge claim, an employee must prove: “(1) that the employee was discharged by his or her employer and (2) that the employer breached a contract or committed a tort in connection with the employee’s termination.”10 In addition, “employees must first exhaust their contractual or administrative remedies, or show that they are excused from doing so, before they may pursue direct judicial actions against their employers.”11 If an employee fails to establish that an issue of material fact exists as to either of these grounds, or that the exhaustion requirement | 1 | 1 |
Beard v. Baumgreen1 sentence2000We recognized the doctrine of constructive discharge in Beard v. Baum, 796 P.2d 1344, 1349-50 (Alaska 1990). 8 . | 1 | 1 |
Hawaiian Airlines, Inc. v. Norrisgreen2 sentences1999See id. 1999See id. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Alaska. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
City of Fairbanks v. Rice
green
2 sentences2024Auth., 55 P.3d 57, 59 (Alaska 2002)). 9 Id. (citing Rice, 20 P.3d at 1102 n.7); Rice, 20 P.3d at 1102 n.7 (“Constructive discharge is not an independent cause of action, but merely satisfies the discharge element in a wrongful discharge claim.”). 10 Okpik, 230 P.3d at 679 (“An employer may breach the covenant objectively or subjectively.” (citing Witt v. State, Dep’t of Corr., 75 P.3d 1030, 1034 (Alaska 2003))). 2024Auth., 55 P.3d 57, 59 (Alaska 2002)). 9 Id. (citing Rice, 20 P.3d at 1102 n.7); Rice, 20 P.3d at 1102 n.7 (“Constructive discharge is not an independent cause of action, but merely satisfies the discharge element in a wrongful discharge claim.”). 10 Okpik, 230 P.3d at 679 (“An employer may breach the covenant objectively or subjectively.” (citing Witt v. State, Dep’t of Corr., 75 P.3d 1030, 1034 (Alaska 2003))). | 1 | 2024–2024 |
State, Department of Highways v. Green
green
1 sentence2012DISCUSSION To prevail on a wrongful discharge claim, an employee must prove: “(1) that the employee was discharged by his or her employer and (2) that the employer breached a contract or committed a tort in connection with the employee’s termination.”10 In addition, “employees must first exhaust their contractual or administrative remedies, or show that they are excused from doing so, before they may pursue direct judicial actions against their employers.”11 If an employee fails to establish that an issue of material fact exists as to either of these grounds, or that the exhaustion requirement | 1 | 2012–2012 |
Voigt v. Snowden
green
1 sentence2012DISCUSSION To prevail on a wrongful discharge claim, an employee must prove: “(1) that the employee was discharged by his or her employer and (2) that the employer breached a contract or committed a tort in connection with the employee’s termination.”10 In addition, “employees must first exhaust their contractual or administrative remedies, or show that they are excused from doing so, before they may pursue direct judicial actions against their employers.”11 If an employee fails to establish that an issue of material fact exists as to either of these grounds, or that the exhaustion requirement | 1 | 2012–2012 |
Carlson v. Hutzel Corp.
green
2 sentences1991Thus, the court in Carlson v. Hutzel Corp., 183 Mich.App. 508 , 455 N.W.2d 335 (1990), reversed submission of a wrongful discharge claim to a jury because “the grievance and arbitration procedure was a part of plaintiffs’ employment contract, and, as such, was plaintiffs’ sole remedy.” Id. 455 N.W.2d at 336 . 10 Similarly, the provisions for administrative review provided by the City became part of Diedrich’s contract. 1991Thus, the court in Carlson v. Hutzel Corp., 183 Mich.App. 508 , 455 N.W.2d 335 (1990), reversed submission of a wrongful discharge claim to a jury because “the grievance and arbitration procedure was a part of plaintiffs’ employment contract, and, as such, was plaintiffs’ sole remedy.” Id. 455 N.W.2d at 336 . 10 Similarly, the provisions for administrative review provided by the City became part of Diedrich’s contract. | 1 | 1991–1991 |
State v. Haley
green
1 sentence1986In State v. Haley, 687 P.2d 305 (Alaska 1984), Haley, a legislative research assistant, brought a wrongful discharge claim against defendants nearly identical to those in the case at bar. | 1 | 1986–1986 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.