In a 15-page order, Supreme Court Associate Justice Alexandra Foster ordered the case to proceed to discovery and trial.
Adachi has earlier sought the dismissal of the case against him filed by six employees of the State government who were demoted and salaries reduced. A former employee terminated for allegedly supporting losing gubernatorial candidate Alan Seid also was one of the plaintiffs.
The plaintiffs were Alan Marbou, Darvin Inabo, Lamp Olkeriil Minor, Cleoffas Iyar, Jasen Lee Pedro, Rdialul Rumong and former employee Misia Orrukem.
In the 15-page order both claims by Orrukem have survived; the breach of contract claims for Marbou and the other five plaintiffs have survived the motion to dismiss. The court however dismissed only the tort case for Marbou and the other five plaintiffs.
THe tort case is “wrongful termination” It was dismissed because the employees were not terminated, only demoted, according to the order.
The plaintiffs in their civil action suit said that they were covered by the policies and procedures manual for Koror State government which stated that each employees’ should be treated with fairness and impartiality and that each of them has the right to vote for the candidates of their choice and express their opinion as individuals.
The plaintiffs said the demotion or termination is clearly a violation of the manual.
The employees and former employee are seeking compensatory and punitive damages and asked the court to issue an order reinstating plaintiffs to the position held prior to thrie demotions/ terminations and with awards of back pays and all lost fringe and pension benefits.
The plaintiffs are also seeking an order enjoining any further acts of retaliation and illegal employment practices on the part of the defendants.
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