James v. Department of Transportation

JOHNSON, Justice.

This is a state employee termination case. The primary issues presented concern: (1) exhaustion of administrative remedies, and (2) the protection afforded by the provisions of I.C. § 65-503, relating to veterans’ preference, for classified employees during an entrance probationary period.

We conclude that the state employee did not fail to exhaust administrative remedies, except concerning the claim that the state employer failed to evaluate the employee’s performance and advise the employee of any improvements needed in order to complete the entrance probationary period…