Database Search Result Details
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First Name
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Elizabeth
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Last Name
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Loy
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Decision Date
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7/19/2018
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Docket Number
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2018-1206-CONS
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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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Director
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Topics
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Dismissed; Suspension; Termination; Dismissal
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Primary Issues
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Whether Grievant stated a claim on which relief can be granted.
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Outcome
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Dismissed; Failure to State a 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 § 18-2-26(c)
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Related Cases
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Armstrong v. W. Va. Div. of Culture & History, 229 W. Va. 538, 544, 729 S.E.2d 860, 866 (2012); Waite v. Civil Serv. Comm'n,, 161 W.Va. 154, 241 S.E.2d 164 (1977); Major v. DeFrench, 169 W.Va. 241, 286 S.E.2d 688, 695 (1982); Orteza v. Monongalia Cty. Gen. Hosp., 173 W. Va. 461, 463, 318 S.E.2d 40, 42 (1984); W. Va. Bd. of Educ. v. Marple, 236 W. Va. 654, 783 S.E.2d 75 (2015); Wright v. Standard Ultramarine & Color Co., 141 W. Va. 368, 382, 90 S.E.2d 459, 468 (1955); 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, 729 S.E.2d 860 (2012)
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Keywords
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Suspension; Termination; Motion to Dismiss; Substantial Public Policy; Relief; At-Will
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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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Grievant was employed by Respondent, Board of Education, as Director of the West Virginia Birth to Three Program at the Regional Education Service Agencies Eight. Grievant’s employment was at-will. Grievant was suspended with pay due to allegations that she had harassed employees and created a hostile work environment. Respondent later dismissed Grievant from employment without stating any cause for terminating her at-will employment. Grievant failed to state a claim on which relief can be granted because she did not allege that her discharge contravened some substantial public policy. Accordingly, the grievance is dismissed.
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