| First Name | Justin |
| Last Name | Rollyson |
| Decision Date | 4/4/2018 |
| Docket Number | 2018-0296-KanED |
| ALJ | CHL |
| Respondent | Kanawha County Board of Education |
| Employment Type | PROF |
| Job Title | Teacher |
| Topics | Termination; Workers’ Compensation |
| Primary Issues | Whether Respondent proved by a preponderance of the evidence that it was justified in terminating Grievant’s employment because he was incompetent to hold his position; Whether Grievant proved by a preponderance of the evidence that Respondent terminated his employment in retaliation for filing a workers’ compensation claim. |
| Outcome | Denied |
| Statutes | W. Va. Code St. R. § 156-1-3 (2008); W. Va. Code §18A-2-8; W. Va. Code § 23-5A-1; W. Va. Code § 23-5A-3; W. Va. Code § 6C-2-2(i)(1) |
| Related Cases | Ramey v. W. Va. Dep't of Health, Docket No. H-88-005 (Dec. 6, 1988); Howell v. W. Va. Dep't of Health & Human Res., Docket No. 89-DHS-72 (Nov. 29, 1990); Holly v. Logan County Bd. of Educ., Docket No. 96-23-174 (Apr. 30, 1997); Hanshaw v. McDowell County Bd. of Educ., Docket No. 33-88-130 (Aug. 19, 1988); Petry v. Kanawha County Bd. of Educ., Docket No. 96-20-380 (Mar. 18, 1997); Leichliter v. W. Va. Dep't of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993); Bell v. Kanawha County Bd. of Educ., Docket No. 91-20-005 (Apr. 16, 1991); Beverlin v. Bd. of Educ., 158 W. Va. 1067, 216 S.E.2d 554 (1975); Graham v. Putnam County Bd. of Educ., Docket No. 99-40-206 (Sep. 30, 1999); State ex rel. Eads v. Duncil, 196 W. Va. 604, 474 S.E.2d 534 (1996); Bedford County Memorial Hosp. v. Health and Human Serv., 769 F.2d 1017 (4th Cir. 1985); Yokum v. W. Va. Schools for the Deaf & the Blind, Docket No. 96-DOE-081 (Oct. 16, 1996); Trimboli v. Dep’t of Health & Human Res., Docket No. 93-HHR-322 (June 27, 1997); Adkins v. W. Va. Dep't of Educ., 210 W. Va. 105, 556 S.E.2d 72 (2001); Blake v. Kanawha County Bd. of Educ., Docket No. 01-20-470 (Oct. 29, 2001); Durst v. Mason County Bd. of Educ., Docket No. 06-26-028R (May 30, 2008); Posey v. Lewis County Bd. of Educ., Docket No. 2008-0328-LewED (July 25, 2008); Jones v. Fayette County Bd. of Educ., Docket No. 2009-1075-FayED (Aug. 5, 2009); Mellow v. Jefferson County Bd. of Educ., Docket No. 2010-1397-JefED (Oct. 8, 2010); Powell v. Wyoming Cablevision, Inc., 184 W. Va. 700, 403 S.E.2d 717 (1991); Addair v. Dep't of Health & Human Resources/Welch Community Hosp., Docket No. 03-HHR-147 (Feb. 2, 2004); Coddington v. W. Va. Dep’t of Health & Human Res., Docket Nos. 93-HHR-265/266/267 (May 19, 1994), aff’d, Lew. Co. Cir. Ct. Docket No. 94-C-00036 (Jan. 25, 1995); Baker v. Bd. of Trustees/W. Va. Univ. at Parkersburg, Docket No. 97-BOT-359 (Apr. 30, 1998) |
| Keywords | Termination; Workers’ Compensation; License; Certification; Permit; Authorization; Incompetency; Endorsement; Compensable; Retaliation; Separate Dischargeable Offense; Arbitrary and Capricious |
| Intermediate Court of Appeals | |
| Circuit Court | |
| Supreme Court | |
| Synopsis | Grievant was employed by Respondent as a teacher in a behavioral disorder (“BD”) classroom and had been so employed for several years. However, Grievant lacked an endorsement for teaching in BD classes. Grievant also lacked a permit or authorization to allow him to teach these classes. Respondent terminated Grievant from his employment citing his lack of certifications when he was off work receiving workers’ compensation benefits. Respondent alleged that Grievant was terminated as he was incompetent to hold his position. Grievant disputes this, arguing Respondent dismissed him from employment in retaliation for filing a workers’ compensation claim, and/or making complaints about mold in his classroom. Respondent met its burden of proving that it dismissed Grievant from employment because he was incompetent to hold his position. Grievant failed to prove his claims by a preponderance of the evidence. Accordingly, the grievance is DENIED. |