In Thorpe v. Washington City, the Utah Court of Appeals declared that an employee who failed to file a complaint in a court raising his Utah Protection of Public Employees Act ("Whistleblower Act") claims within 180 days was barred. The employee attempted to circumvent the requirements of the Whistleblower Act by claiming that a Notice of Claim filed pursuant to the Governmental Immunity Act of Utah should be considered a "civil action" that was required to be filed by the Whistleblower Act. Instead, the Court reaffirmed and clarified that for a party to file a claim under the Whistleblower Act against a governmental entity, it must comply with the Notice of Claim requirements of the Governmental Immunity Act and the 180 day requirement of the Whistleblower Act. "It follows that the plaintiff must submit the notice of claim before the elapse of 120 days from the date of the alleged [Whistleblower Act] violation so that, after governmental either denies or fails to approve the notice of claim within 60 days, the plaintiff may still file a timely complaint within the . . . 180-day statutory period."
The Court of Appeals also rejected the employee's claim that he could bring an action in the district court regarding his termination without first appealing the decision of the city's employee board of appeals to the Utah Court of Appeals.Labels: Government Employees, Government Employer, Utah Court of Appeals, Whistleblower Protection