Judge narrows issues, but allows most of state Dept. of Labor whistleblower case to proceed
A federal judge narrowed some of the claims in a whistleblower case against the Idaho Department of Labor on Friday, but indicated he’ll likely allow the majority of the claims to go to a jury trial.
U.S. District Judge Lynn Winmill rejected a motion from the state to toss the case out entirely, on grounds that former department purchasing agent James Cryer was merely pressing a personal grudge, rather than exercising First Amendment-protected free speech, when he complained about purchasing and personnel violations at the department. After Cryer’s concerns went unaddressed, he sent seven anonymous emails pressing them.
The department responded by issuing a subpoena to determine who had sent the anonymous emails, and when Cryer was identified, firing him. The 28-year state employee was just two years short of full retirement at the time. The department’s lawyer, Boise attorney Michael Kelly, told the court Friday that the department saw Cryer’s final anonymous email as a threat.
“Definitely the termination of his employment was based on that,” Kelly said.
Read more: https://www.idahopress.com/news/local/judge-narrows-issues-but-allows-most-of-state-dept-of/article_38cf29a6-126e-5a70-8b70-d6816acca31d.html