Whistle Blower Case Study
Whistle Blower
44) The Plaintiff was a whistle blower when he informed John Cora, and the Defendant Violated the 1st and 14th Amendment rights. The Plaintiff was a Whistle blower again when he informed the City of Casper of the illegal activity of Anderson and Langston.
45) Cindy Langston has destroyed her emails after a FOIA request, in violation of the sunshine law and the Public records act.
46) The State of Wyoming has not filed a Solid Waste Management Plan as required and this was discovered because of a FOIA request.
47) During FOIA request it was determined that Wyoming DEQ has not filed a oild Waste Management Plan.
Breach of Contract / Intentional infliction of emotional distress, for prima facie tort Tortious Breach of Implied Covenant of Good Faith …show more content…
and Fair Dealing
48) There are two contracts that have been breached and the Statue of Limitations for written contracts in Wyoming is 10 years. The two contracts are the employment contract and the Settlement Agreement. These are mutually exclusive documents but on or the other is the controling document.
49) The breach of the employment contract includes but is not limited to: 1) no performance reviews in 2 years, which is relevant because if the performance reviews would have been performed as required the record would reflect performance, and the pretext of cell phone use would have been cured, 2) placing the Plaintiff on Administrative leave for more then 30 days, this is relevant because it was a tactic used to wear down the Plaintiff and not allow him to regain his good name. 3) failure to obtain a valid resignation, the court pleading can not be considered an intent to resign but an intent to inform the court of the Settlement offer.
50) The Contract between the Plaintiff and Defendant (State of Wyoming Personnel Rules, which are incorporated herein by reference:http://ai-hrd.wyo.gov/human-resources-division/employee-resources/personnel-rules) specifically requires the resignation to be addressed to the immediate supervisor, not a Court!
Wyoming Personnel Rules CHAPTER 11
SEPARATION Section 1. Resignation. (a) Notification. An employee intending to voluntarily separate from State service shall submit written notification to the immediate supervisor specifying the effective time and date of the intended resignation. Notification shall be provided as far in advance as possible but not less than fourteen (14) days prior to the date of the intended resignation:
51) The Defendant can not produce a resignation that is addressed to the Plaintiffs immediate supervisor specifying the effective time and date of the intended resignation, because he never authored one!
52) The State and other Defendants breached the Contract for the benefit of the City of Casper and C Langston.
53) The Statue of Limitations for a written contract in Wyoming is 10 years.
54) Unless the Defendant can produce a valid resignation that meets the requirements of the Contract the contract has been breached.
55) Defendant stopped all contact and sent a check for partial payment of damages.
56) Wyo § 1‑1‑108. Voluntary partial payment of liability claims.
No voluntary partial payment of a claim based on alleged liability for injury or property damage shall be construed as an admission of fault or liability, or as a waiver or release of claim by the person receiving payment.
57) Unlike Kirkland1 who did not exhaust Administrative remedies, did not claim consitutional violations; because it appears the school district had cause to release him, the Plaintiff spent 6 months fighting for his rights and good name. After being reinstated the Plaintiff was wrongfully terminated again, then the Defendants falsely constructed a resignation, when the Plaintiff signed a Settlement Agreement (required $550,000 for defamation, and had a retaliation clause), and a pleading in District court. The employment contract at the time only allowed a person the right to Appeal. The State is not a person.
Contract
Two
58) A contact is an offer, acceptance, and consideration.
59) The only offer one the table at the time of acceptance is the Settlement Offer.
60) The Settlement offer requires a $550,000 payment and prohibits retaliation.
61) The State retaliated by accepting a bid approximately $2 million less than the qualified bid submitted by the Plaintiff.
44) The Plaintiff was a whistle blower when he informed John Cora, and the Defendant Violated the 1st and 14th Amendment rights. The Plaintiff was a Whistle blower again when he informed the City of Casper of the illegal activity of Anderson and Langston.
45) Cindy Langston has destroyed her emails after a FOIA request, in violation of the sunshine law and the Public records act.
46) The State of Wyoming has not filed a Solid Waste Management Plan as required and this was discovered because of a FOIA request.
47) During FOIA request it was determined that Wyoming DEQ has not filed a oild Waste Management Plan.
Breach of Contract / Intentional infliction of emotional distress, for prima facie tort Tortious Breach of Implied Covenant of Good Faith …show more content…
and Fair Dealing
48) There are two contracts that have been breached and the Statue of Limitations for written contracts in Wyoming is 10 years. The two contracts are the employment contract and the Settlement Agreement. These are mutually exclusive documents but on or the other is the controling document.
49) The breach of the employment contract includes but is not limited to: 1) no performance reviews in 2 years, which is relevant because if the performance reviews would have been performed as required the record would reflect performance, and the pretext of cell phone use would have been cured, 2) placing the Plaintiff on Administrative leave for more then 30 days, this is relevant because it was a tactic used to wear down the Plaintiff and not allow him to regain his good name. 3) failure to obtain a valid resignation, the court pleading can not be considered an intent to resign but an intent to inform the court of the Settlement offer.
50) The Contract between the Plaintiff and Defendant (State of Wyoming Personnel Rules, which are incorporated herein by reference:http://ai-hrd.wyo.gov/human-resources-division/employee-resources/personnel-rules) specifically requires the resignation to be addressed to the immediate supervisor, not a Court!
Wyoming Personnel Rules CHAPTER 11
SEPARATION Section 1. Resignation. (a) Notification. An employee intending to voluntarily separate from State service shall submit written notification to the immediate supervisor specifying the effective time and date of the intended resignation. Notification shall be provided as far in advance as possible but not less than fourteen (14) days prior to the date of the intended resignation:
51) The Defendant can not produce a resignation that is addressed to the Plaintiffs immediate supervisor specifying the effective time and date of the intended resignation, because he never authored one!
52) The State and other Defendants breached the Contract for the benefit of the City of Casper and C Langston.
53) The Statue of Limitations for a written contract in Wyoming is 10 years.
54) Unless the Defendant can produce a valid resignation that meets the requirements of the Contract the contract has been breached.
55) Defendant stopped all contact and sent a check for partial payment of damages.
56) Wyo § 1‑1‑108. Voluntary partial payment of liability claims.
No voluntary partial payment of a claim based on alleged liability for injury or property damage shall be construed as an admission of fault or liability, or as a waiver or release of claim by the person receiving payment.
57) Unlike Kirkland1 who did not exhaust Administrative remedies, did not claim consitutional violations; because it appears the school district had cause to release him, the Plaintiff spent 6 months fighting for his rights and good name. After being reinstated the Plaintiff was wrongfully terminated again, then the Defendants falsely constructed a resignation, when the Plaintiff signed a Settlement Agreement (required $550,000 for defamation, and had a retaliation clause), and a pleading in District court. The employment contract at the time only allowed a person the right to Appeal. The State is not a person.
Contract
Two
58) A contact is an offer, acceptance, and consideration.
59) The only offer one the table at the time of acceptance is the Settlement Offer.
60) The Settlement offer requires a $550,000 payment and prohibits retaliation.
61) The State retaliated by accepting a bid approximately $2 million less than the qualified bid submitted by the Plaintiff.