Database Search Result Details
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First Name
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BRENDA
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Last Name
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HAGER
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Decision Date
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10/23/1986
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Docket Number
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03-86-242-4
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ALJ
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JR
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Respondent
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BOONE COUNTY BOARD OF EDUCATION
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Employment Type
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PROF
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Job Title
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SUBSTITUTE TEACHER
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Topics
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PERSONAL LEAVE
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Primary Issues
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Substitute Teacher
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Outcome
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DENIED
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Statutes
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18A-4-10, 18-1-1(i)
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Related Cases
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Keywords
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CONTRACT, SUBSTITUTE TEACHER, LONG TERM EMPLOYMENT
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Intermediate Court of Appeals
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Circuit Court
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Supreme Court
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Synopsis
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On July 12, 1985, Grievant entered into a contract which placed her on an approved list of day-to-day substitute teachers, and which carried no assurance of any stipulated number of days of employment. Grievant believed she was committed to a long term employment, based upon information she received from Mrs. Helmick, Director Special Education, and Joe Tagliente, Principal of Madison Middle School. Neither Mrs. Helmick nor Joe Tagliente testified in this matter. Grievant was not given any sick leave benefits during the 1985-86 school year. Grievant missed 13 school days as a result of illness and death in her family. Grievant offered no corroborating testimony to substantiate her belief that her written contract had been altered. Grievant failed to prove by a preponderance of the evidence that the 'day-to-day' or any provision of her contract had been altered so as to establish an employment term. The pertinent portion of W. Va. Code 18A-4-10 provides: at the beginning of the employment term, any full-time employee of a county board of education shall be entitled to annually to at least one and one-half days personal leave for each employment month or major fraction thereof in the employee's employment term. Annual leave shall be accumulative without limitation and shall be transferable within the state. A change in job assignments during the school year shall in no way effect the employee's rights or benefits. Also, regular full-time employee' shall mean any person employed by a county board of education who has regular position throughout his employment term without regard to hours or method of pay.
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