Kershaw v. Mont. DOT
Annotate this CaseAfter a Montana DOT (MDT) investigation, employee Richard Kershaw was demoted with a lower rate of pay. After resigning, Kershaw filed a complaint in district court, asserting wrongful discharge without good cause under the Wrongful Discharge from Employment Act (WDEA), wrongful discharge under the WDEA, and intentional infliction of emotional distress (IIED). The district court granted summary judgment to MDT all three claims, ruling that Kershaw was precluded from bringing a constructive discharge under the WDEA because the claim was subject to the Board of Personnel Appeals (BOPA) grievance procedure and that the IIED claim was precluded by Kershaw's failure to pursue a BOPA grievance procedure. Kershaw moved to amend his complaint to include additional tort claims, and the district court denied his motion. The Supreme Court affirmed, holding (1) the district court did not err by concluding that the preclusion of Kershaw's claim from the WDEA did not violate his constitutional rights to equal protection and to a jury trial; and (2) the district court did not abuse its discretion in denying Kershaw's motions for leave to amend the complaint.
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