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KOCHERHANS v. OREM CITY

No. 20100565-CA.

266 P.3d 190 (2011)

2011 UT App 399

Darwin KOCHERHANS, Plaintiff and Appellant, v. OREM CITY and Jeffrey W. Pedersen, Defendants and Appellees.

Court of Appeals of Utah.

November 25, 2011.

Attorney(s) appearing for the Case

Justin D. Heideman , Provo, for Appellant.

Stanley J. Preston , Bryan M. Scott , and Stephen J. Preston , Salt Lake City, for Appellees.

Before Judges ORME, ROTH, and CHRISTIANSEN.

MEMORANDUM DECISION

ROTH, Judge:

¶ 1 Darwin Kocherhans appeals the dismissal of his complaint for failure to exhaust administrative remedies, arguing that he was an at-will employee exempted from the administrative review procedures outlined in Utah Code section 10-3-1106 (section 1106), see Utah Code Ann. § 10-3-1106(2) (Supp. 2011) (providing that employees who are involuntarily transferred with less pay, suspended for more than two days...

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