Alaska Supreme Court
Tom Donovan Nicolos, Appellant v. North Slope Borough, Appellee.
July 13, 2018424 P.3d 318
Summary
The court affirmed the superior court's approval of Nicolos's discharge after concluding that his statements could objectively be interpreted as threats under the Borough's workplace-violence rules and that substantial evidence supported the Personnel Board's findings. It also held that any deficiencies in the Borough's pretermination investigation were harmless because Nicolos later received multiple full opportunities to present evidence and contest the allegations. The court further held that the discharge did not violate disability-discrimination laws because it was based on violations of a job-related workplace-violence policy, not on disability prejudice. No separate opinions were filed.