On Friday, August 23, 2024, Missouri Independent reported that two administrative law judges in Missouri filed a lawsuit against Governor Mike Parson and other state officials alleging wrongful termination and withholding of salary.
According to the lawsuit, Ryan Asbridge has served as an administrative law judge since 2019 and Gina Mitten has served since 2021. The judges claim that the Parson administration unlawfully declared them as at-will employees without proper authority. This allowed Mitten to be fired from her position in May. Asbridge, a major in the United States Air Force Reserves, has been on military leave of absence since November 2021 to fulfill his deployment duties. However, his salary from the state has not been paid since June, despite laws requiring compensation during leave.
Administrative law judges in Missouri are appointed by the governor to handle cases involving issues like worker’s compensation. State law stipulates they can only be removed from office through an evaluation process involving votes of no confidence from a five-member review committee overseeing their job performance. Lawmakers have previously attempted without success to modify this removal process.
The lawsuit asserts the Department of Labor budget includes funding to pay the salaries of 28 administrative law judges, including the plaintiffs. However, authorities cited Asbridge’s military leave of over three years as too expensive for taxpayers without legal grounding. Mitten is seeking reinstatement with back pay, while Asbridge wants payment of his withheld wages.
Spokespeople for Governor Parson and other defendants named in the suit, such as the Office of Administration Commissioner and Attorney General, declined to comment on the allegations to the Missouri Independent. The judges’ lawsuit, filed in Cole Circuit Court, aims to challenge their characterization as at-will employees vulnerable to dismissal without due process established under state rules for the position. The case outcome could impact employment protections for administrative judges in Missouri.
Source: Missouri Independent
