Alan Foster was suing Phipps and the department for his termination as one of Phipps' top aides.
"Certainly, it is unusual that Mr. Foster accepted the position as assistant commissioner, but received no job description, whatsoever and received no workplan whatsoever. [He] did not know his duties," said Heydt Philbeck, Foster's attorney.
Foster, along with Bobby McLamb, worked with Phipps' election campaign. Phipps later appointed them to assistant commissioner positions with high pay and exemption from protection of the state personnel act. McLamb was recently indicted on campaign finance charges related to Phipps' campaign.
Foster still has a job with the state Ag Department as a statistician.
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