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Official Blog of the AALS Section on Contracts

Whistleblower sues after turning down “promotion”

Minico_high Can a promotion be “retaliation” against an alleged whistleblower and therefore a breach of contract?  A jury in Rupert, Idaho, is dealing with that question this week in a lawsuit brought by former elementary school principal Nancy Kunau against the Minidoka School District.

Kunau’s contract apparently permitted the district to assign her at its discretion, but she had been told she would be principal of Heyburn Elementary. After she reported allegedly abusive behavior by a district employee, she was reassigned as vice-principal at Minico High School (left), a job that carried a $4,000 salary increase. Kunau resigned in protest.

The claim seems to be that the reassignment was in bad faith and therefore a breach of the school district’s duty under the contract.

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