VOLESKY v. NORTH DAKOTA GAME AND FISH DEPT.

Civil No. 960374.

566 N.W.2d 812 (1997)

1997 ND 140

Dominic VOLESKY, Plaintiff and Appellant, v. NORTH DAKOTA GAME AND FISH DEPARTMENT and North Dakota State Personnel Board, Defendants and Appellees.

Supreme Court of North Dakota.

Rehearing Denied September 8, 1997.


Attorney(s) appearing for the Case

Daniel J. Chapman (argued), of Chapman & Chapman, Bismarck, for Plaintiff and Appellant.

Tag C. Anderson (argued), Assistant Attorney General, Attorney General's Office, Bismarck, for Defendants and Appellees.


NEUMANN, Justice.

[¶ 1] Dominic Volesky appealed from a judgment affirming a State Personnel Board decision adopting a hearing officer's recommendation that the Game and Fish Department properly eliminated Volesky's job through a reduction in force (RIF). We hold Game and Fish's elimination of Volesky's job complied with the law for a RIF and the Board's decision that Game and Fish's action was not a reprisal is supported by a preponderance of the evidence. We...

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