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FOSMO v. STATE, DEPT. OF PERSONNEL

No. 48242-4-I.

59 P.3d 105 (2002)

114 Wash.App. 537

Brian FOSMO, Appellant, v. STATE OF WASHINGTON, DEPARTMENT OF PERSONNEL, Department of Transportation, and Employee Advisory Service, Respondents.

Court of Appeals of Washington, Division 1.

December 16, 2002.

Attorney(s) appearing for the Case

Paul King, John Scannell, Action Employment Law, Seattle, WA, for Appellant.

Stewart Johnston, Assistant Attorney General, Olympia, WA, for Respondents.

BAKER, J.

After the Washington State Ferries terminated Brian Fosmo's employment, he initiated grievance proceedings and negotiated his reinstatement. As a condition of reinstatement, Fosmo agreed to participate in a state employee assistance program and comply with its recommendations. Fosmo violated the agreement by refusing to submit a urine sample, and was terminated. Fosmo sued, alleging his second termination was wrongful. The trial court dismissed Fosmo's complaint...

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