Database Search Result Details
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First Name
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Caleb
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Last Name
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Canton
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Decision Date
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12/1/2017
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Docket Number
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2018-0336-BOE
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ALJ
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LRB
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Respondent
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Board of Education/Office of Institutional Education Programs
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Employment Type
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DOE
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Job Title
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Transition Specialist
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Topics
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Dismissed
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Primary Issues
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Whether Respondent violated a substantial public policy by the termination of Grievant’s at-will employment.
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Outcome
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Dismissed; Failure to State Claim
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Statutes
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W. Va. Code § 156 C.S.R. 1 ' 3 (2008)
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Related Cases
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Higginbotham v. W. Va. Dep't of Pub. Safety, Docket No. 97-DPS-018 (Mar. 31, 1997); McGraw v. Dep’t. of Educ., Docket No. 2015-0666-DOE (April 24, 2015); Wright & Eve v. Dep’t. of Educ., Docket No. 07-DOE-072 (June 13, 2007); Dubites v. W.Va Dep’t. of Military Aff. & Pub. Safety/Div. of Protective Srvcs., Docket No. 2010-0032-MAPS (Nov. 9, 2009); Harless v. First Nat'l Bank, 169 W. Va. 673, 246 S.E.2d 270 (1978); Logan v. W. Va. Reg'l Jail & Corr. Auth., Docket No. 94-RJA-225 (Nov. 29, 1994); Wilhelm v. W. Va. Lottery, 198 W. Va. 92, 479 S.E.2d 602 (1996); Williams v. Brown, 190 W. Va. 202, 437 S.E.2d 775 (1993); Morgan v. Bd. of Educ., Docket No. 06-RESA-240 (Sept. 11, 2007); Birthisel v. Tri-Cities Health Servs. Corp., 188 W. Va. 371, 424 S.E.2d 606 (1992)
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Keywords
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Dismissal, Termination, At-Will Employee, Violated, Public Policy
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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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The West Virginia State Board of Education moved for an Order dismissing this grievance without an evidentiary hearing on the grounds that Grievant has failed to allege or identify a substantial public policy that has been violated by the termination of his at-will employment. Grievant was an at-will employee, and as such could be terminated for any reason that did not violate a substantial public policy. Pursuant to relevant case law and pertinent statutes, Grievant, has failed to identify a public policy violation. Grievant has failed to state a claim for which relief may be granted in the West Virginia Public Employees Grievance Procedure. Therefore, Respondent’s motion is Granted.
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