Jury awards million-dollar verdict to attorney fired by Alaska Department of Law

A Juneau jury awarded nearly $1.2 million to a former Alaska Division of Legislation lawyer this week, discovering at trial that the division didn’t observe state legal guidelines governing promotions after which wrongfully fired her when she complained.

Joan Wilkerson, the lawyer who filed a lawsuit in 2018 in opposition to the division, mentioned she hopes the case will change the way in which the division handles circumstances like hers and mentioned she has gotten “lots of notes and expressions of appreciation” from present attorneys.

“I’ve performed the precise factor, and it value me so much,” she mentioned.

“The Division of Legislation acknowledges and appreciates the jury’s service in Wilkerson v. Division of Legislation,” the company mentioned in a written assertion issued in response to questions. “It stays the division’s place that the termination was performed in accordance with the regulation, and the division will consider choices relating to an enchantment within the coming days.”

Jahna Lindemuth, lawyer basic beneath former Gov. Invoice Walker and Wilkerson’s final supervisor on the time of her firing, didn’t return messages searching for touch upon Friday.

Kevin Higgins is a civil lawyer searching for to prepare a union of attorneys who’re public workers. He mentioned the case “is totally one thing I’d level to and have pointed to as to why we should always have a union.”

With a collective bargaining settlement, “there are many factors alongside the way in which that would have prevented the outcome we noticed right here,” he mentioned.

Alaska’s structure requires the state to make use of a system “beneath which the benefit precept will govern the employment of individuals by the state.”

To do this, state regulation requires state workers to be paid with a system that makes use of particular written duties and specs to assign a pay charge.

Wilkerson labored for the Division of Legislation beginning in 2006 and was employed to signify the state Division of Retirement and Advantages. Although her place was designated for an “Lawyer V,” she was employed as an “Lawyer IV,” at a decrease stage of pay.

In 2015, she was employed to be the highest lawyer representing the retirement and advantages division and sought to be promoted to Lawyer V, partly due to her expertise and since the prior two individuals who served in that place had the identical pay scale.

Managers declined her request, providing a wide range of causes for doing so, together with that she lacked time within the place. She resubmitted the request a number of occasions over the next years, however was turned down every time.

In 2018, she appealed to the Alaska Division of Administration, which controls pay and advantages. That company concluded that Wilkerson was appropriate and may have been paid on the greater charge, however by that time, the Division of Legislation had fired Wilkerson.

Wilkerson filed go well with, however proceedings have been delayed for years by the COVID-19 pandemic. 

At trial this month in Juneau, lawyer Mark Choate mentioned he demonstrated by means of witness testimony that Wilkerson’s firing wasn’t due to a scarcity of ability or efficiency — as claimed by the state — however was in retaliation for her complaints.

“The jury concluded that she was fired for that motive,” he mentioned, “and they didn’t give credence to the argument that Joan was simply form of a foul penny and was somebody who had a tough character and didn’t take instruction.”

Choate mentioned the case demonstrates that the Division of Legislation has didn’t observe the state’s merit-based classification system, and he believes extra individuals could have comparable experiences.

“That is larger than simply Joan. There have been lots of people who’ve been subjected to this illegal system,” he mentioned. “And that’s one of many issues that irritates me probably the most concerning the Division of Legislation: They’re purported to be following the regulation.”

The division mentioned it acted legally.

“This incident occurred 4 years in the past, and it’s unlucky the way it ended,” the division mentioned in its assertion. “Whatever the consequence, the Division of Legislation is dedicated to making sure equity for all of its workers and is all the time methods to enhance its practices. The division desires to see all of its workers succeed and offers them alternatives to develop of their authorized follow. This skilled atmosphere supplies a mutual profit for the state of Alaska and Division workers.”

Wilkerson is now retired and works a part of the yr as an aide to Rep. Calvin Schrage, I-Anchorage. She mentioned she hopes the Division of Legislation will change its promotion insurance policies and as a substitute follows state regulation.

The most important takeaway, she mentioned, is “that nobody is above the regulation, not even attorneys.” 

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