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Former worker accuses BYU of wrongful firing
This is an archived article that was published on sltrib.com in 2006, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.

A former Brigham Young University administrator has accused the school of wrongful termination, alleging he was fired after the campus newspaper published a letter he wrote critical of how student elections are handled.

Todd Hendricks, who for the past two years had been an adviser in the BYU Student Association (BYUSA), said the letter published March 10 in the Daily Universe called for "greater transparency" in student body elections. Expressing concerns about candidates who were disqualified during recent elections, Hendricks wrote that every year, a BYU employee "rewrites election regulations, then appoints a student to chair the elections committee that will ensure candidates' compliance.

"The committee [is made up of] 10 students who are anonymous to the student body, but through association with BYUSA, generally have strong ties to one or more candidates or to a full-time employee," the letter said.

The day the letter appeared, Hendricks said he was called to the office of Vernon Heperi, dean of students, along with his immediate director, Brent Barclay. They allegedly told him his letter was a "disloyal act" and said his judgment could no longer be trusted. He also was told, he said, that "action" would be taken against him.

Hendricks said he was told the action would have been a transfer within the department, a downgrade in the level of pay or termination.

But on March 17, he was "terminated on grounds of the letter and because I wasn't happy with my job," Hendricks said.

He said he was asked to sign a settlement and waiver agreement specifying that he would receive two months severance ending May 17, and would be placed on unpaid leave with medical benefits through June 2. To accept the agreement, Hendricks had to submit a letter of resignation and agree to keep terms of the agreement confidential.

After consulting with his wife, Hendricks refused to sign the document.

Carri Jenkins, BYU spokeswoman, said Hendricks' letter figured in the decision to fire him, but there were "certainly other employment issues involved." She declined to say what the other issues were, adding that "they were being handled within his department."

Hendricks, 32, also is a first-year student in the school's executive master of business administration program. Because he was fired, he is no longer eligible for employee-discounted tuition and will have to pay the full $16,000. He and his wife live in Spanish Fork and are expecting their third child.

He said he felt pressured to sign the agreement.

"They kept saying 'you should really think about your wife, children and especially your unborn child. . . . You want to have health-care benefits for them,' " Hendricks said.

Jenkins said termination agreements are standard operating procedure when BYU offers benefits beyond employment dates, and those agreements are kept confidential. "If someone doesn't want to agree to that, then that agreement is not in place."

BYU in the past has been accused of limiting free speech and academic freedom. Last month, the school declined to renew an adjunct professor's teaching contract after he went public with concerns about racism faced by black LDS members.

Jenkins reiterated that Hendricks' termination was an employment issue, nothing more.

While he is uncertain of what recourse he has, Hendricks said he hopes not to pursue any legal action.

"My wife and I love BYU. . . . We love the relationships we have made there," he said. "I am just in shock."

sykes@sltrib.com

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