Judge rules University of Alaska firing improper

Superior Court Judge Michael MacDonald found that Yauna Taylor was wrongly terminated from her job as an administrative assistant at the Tanana Valley Campus Culinary Arts Department.

Taylor was given a notice of nonretention on April 3, 2008. The university later cited reasons that included "lack of professionalism," "lack of responsiveness to clear expectations" and "resistance to correction action."

Her employment was terminated without cause on four weeks' notice.

Taylor, who said she had a clean personnel record, argued she was entitled to a "for cause" termination hearing because she had been fired for disciplinary reasons. She said the nonretention procedure, which doesn't include the same due process for terminated employees, was incorrectly used.

Taylor said the nonretention approach, which is supposed to be used for reasons that include financial or administrative considerations, has evolved into a broader method for firing employees.

MacDonald agreed with Taylor, ruling the university had improperly interpreted its own regulations for terminating employees.

Since Taylor was terminated for disciplinary reasons, MacDonald said she should have had access to the same due process that "for cause" firings receive. By improperly firing her using the nonretention process, she was denied that route, his ruling said.

Taylor, 28, is due an unspecified amount of back pay, which will be determined at future hearings.