Niles v. Carl Weissman & Sons, Inc.

In this case, we determine that a final decision from an administrative agency that an employee is not entitled to unemployment com pensation is not res judicata as to the employee’s separate action in District Court for wrongful discharge and breach of the covenant of good faith and fair dealing. In so holding, we distinguish Nasi v. State Department of Highways (Mont. 1988), [231 Mont. 395,] 753 P.2d 327.

Frank K. Niles appeals from a summary judgment in District Court, Eighteenth Judicial District, Gallatin County, dismissing Niles’ complaint against Carl Weissman & Sons, Inc. for alleged…