Database Search Result Details
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First Name
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Martin
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Last Name
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Keller
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Decision Date
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2/7/2018
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Docket Number
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2018-0763-BOE
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ALJ
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BTC
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Respondent
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Board of Education
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Employment Type
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DOE
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Job Title
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Superintendent
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Topics
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Dismissed; Termination; Dismissal
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Primary Issues
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Whether Grievant stated a claim for which relief may be granted.
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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 St. R. § 156-1-6.19; W. Va. Code St. R. § 156-1-6.11; W. Va. Code § 18-17-1; W. Va. Code § 18A-1-1(a); W. Va. Code § 6-9A-6; W. Va. Code § 6-9A-7(b)
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Related Cases
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Wilhelm v. W. Va. Lottery, 198 W. Va. 92, 479 S.E.2d 602 (1996); Armstrong v. W. Va. Div. of Culture & History, 229 W. Va. 538, 544, 729 S.E.2d 860, 866 (2012); Harless v. First Nat'l Bank, 162 W. Va. 116, 246 S.E.2d 270 (1978); Dufficy v. Div. of Military Aff's Docket No. 93-DPS-370 (June 16, 1994); Birthisel v. Tri-Cities Health Servs. Corp., 188 W. Va. 371, 424 S.E.2d 606 (1992); Herbert J. Thomas Mem'l Hosp. Ass'n v. Nutter, 238 W. Va. 375, 386, 795 S.E.2d 530, 541 (2016); Major v. DeFrench, 169 W.Va. 241, 286 S.E.2d 688, 695 (1982); State ex rel. Blackwell v. Wyoming County Bd. of Educ., 180 W. Va. 1, 375 S.E.2d 25 (1988)
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Keywords
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Termination; Motion to Dismiss; Substantial Public Policy; At-Will Employee; Relief
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to Kanawha County 3/29/2018, Civil Action #18-AA-195 (King)
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Supreme Court
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Synopsis
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Grievant, an at-will employee, alleges he was improperly dismissed from his employment as the Superintendent of the West Virginia Schools for the Deaf and Blind with the West Virginia State Board of Education. Respondent moved for the grievance to be dismissed for failure to state a claim upon which relief can be granted as Grievant had failed to allege his termination was in violation of a substantial public policy. Grievant’s mere conclusory statements and citation of inapplicable sources of public policy failed to properly allege his dismissal violated substantial public policy. Therefore, the grievance must be dismissed.
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