Hammond v. State, Department of Transportation & Public Facilities

I disagree with today’s opinion insofar as it holds that Hammond may litigate twice the question whether the accusations that he made against his employer were in good faith, that is, with a reasonable basis for believing them to be true.

One of the grounds the state relied on for firing Hammond was that he made unfounded attacks on the integrity and competence of DOTPF staff that undermined the department’s ability to carry out its mission. To succeed in his challenge to his firing, Hammond had to establish that he acted in good faith with a reasonable belief that his accusations were true.…