Wednesday, November 30, 2011

Utah Court of Appeals: Former Orem City Treasury Division Manager a Merit Employee Required to Appeal City Decision to Utah Court of Appeals

In Kocherhans v. Orem City, the Utah Court of Appeals upheld the decision of a trial court dismissing the claim of a former Orem City Treasury Division Manager for wrongful termination.  The court ruled that the former employee's failure to appeal the Employee Appeal Board's decision to the Utah Court of Appeals precluded him from bringing the claim in district court.  The former employee claimed that he should have been considered an "at-will" employee that was not governed by Utah Code Ann. section 10-3-1106, which required him to appeal such a decision.  The Utah Court of Appeals rejected the argument holding that Orem City was not required to designate his position as a division head or deputy position, declaring that cities in Utah have no obligation to create any deputy positions at all.

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