Reseña de Elven Joe Swisher v. State Idaho

Elven Joe Swisher v. State Idaho de Supreme Court Of Idaho Resumen del Libro

This proceeding arises out of the dismissal of a state employee. The plaintiff respondent Elven Joe Swisher began working for state social service agencies in 1969. He continued to work for the state until December of 1973, when he was separated from state employment effective January 4, 1974. Swisher contested the separation before the State Personnel Commission. Following a hearing before a hearing officer appointed by the commission, the hearing officer concluded that there had been good cause to terminate Swisher and upheld the termination. The commission adopted the decision of the hearing officer and affirmed Swishers discharge. Upon appeal to the district court, the district court reversed the State Personnel Commission on the ground that its ruling was clearly erroneous and ordered that Swisher be reinstated as an employee of the state of Idaho. The district court further stated that it would reserve a ruling on Swishers entitlement to back pay pending application by either party to take evidence on that issue. The state has appealed the district courts order to this Court. We reverse, discussing first why the order from which the state has appealed is a final judgment for purposes of appeal to this Court, and then explaining our reasons for overturning the district courts ruling.

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