Shepherd v. State
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The Supreme Court reversed the order of the district court dismissing Plaintiff's claim brought under the Wrongful Discharge from Employment Act (WDEA) as time-barred, holding that the district court erred by granting summary judgment in favor of the Department of Corrections (DOC).
In granting summary judgment for the DOC, the district court held that since Plaintiff's grievance procedures took longer than 120 days from the date of her termination her claim was untimely. The Supreme Court reversed, holding (1) the limitation period on Plaintiff's WDEA claim was tolled from the time she commenced her grievance until the grievance procedures were exhausted; and (2) excluding the period during which the limitation period was tolled, Plaintiff timely filed her claim within the one-year statute of limitations.
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