Database Search Result Details
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First Name
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NORA
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Last Name
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WARREN
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Decision Date
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7/14/1987
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Docket Number
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23-86-375-1
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ALJ
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LC
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Respondent
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LOGAN COUNTY BOARD OF EDUCATION
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Employment Type
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SERV
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Job Title
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AIDE
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Topics
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RIF
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Primary Issues
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PROPER NOTICE
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Outcome
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GRANTED
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Statutes
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18A-2-8a
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Related Cases
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327 S.E.2D 691 (W.VA. 1984); 163 W.VA. 454,
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Keywords
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IMPROPER NOTICE OF LAYOFF; STRICTLY CONSTRUED; PROBATIONARY; REHIRE; COMPLIANCE
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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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Gr contends she was improperly terminated from her position as a transportation aide because the school board failed to notify her of its action on the recommendation of the co. superintendent as required. The BOE did not notify gr of its action but contends that she was not deprived of any due process rights because she received the first notice, was aware of her rights and there was substantial compliance. Grievant received no further communication from school officials and continued to work her position beyond the regular school year, until August 7, 1986, when the position was posted for bids. Grievance granted; Code 18A-2-8a provides, in part, that a school board notify any probationary employee of their not having been rehired or not having been recommended for rehiring. Failure of the BOE to strictly comply with the notice provisions vitiates its action in nonrenewal of grievant's employment contract.
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