Database Search Result Details
|
First Name
|
Michael
|
|
Last Name
|
Reilly
|
|
Decision Date
|
10/24/2018
|
|
Docket Number
|
2018-2004-WVU
|
|
ALJ
|
RLR
|
|
Respondent
|
West Virginia University
|
|
Employment Type
|
HE
|
|
Job Title
|
Industrial Hygiene Specialist
|
|
Topics
|
Termination; Dismissal
|
|
Primary Issues
|
Whether Respondent had good cause to terminate Grievant.
|
|
Outcome
|
Denied
|
|
Statutes
|
29 U.S.C. § 1605.1
|
|
Related Cases
|
State ex rel. Tuck v. Cole, 182 W. Va. 178, 181, 386 S.E.2d 835 (1989); Loundmon Clay v. HEPC/Bluefield State Coll., Docket No. 02-HEPC-013 (Aug. 29, 2002); Smith v. Bd. of Directors/Fairmont State Coll., Docket No. 97-BOD-238 (Sept. 11, 1997); Scragg v. Bd. of Directors/ W. Va. State Coll., Docket No. 93-BOD-436R (Jan. 30, 1996); Cook v. W. Va. Univ., Docket No. 05-HE-352 (May 22, 2006); Olmsted v. Bd. of Directors/Bluefield State Coll., Docket No. 98-BOD-108 (Oct. 21, 1998); Hoover v. Lewis County Bd. of Educ., Docket No. 93-21-427 (Feb. 24, 1994); Landy v. Raleigh County Bd. of Educ., Docket No. 89-41-232 (Dec. 14, 1989); Rodak v. W. Va. Dep’t of Tax & Revenue, Docket No 96-T&R-536 (June 23, 1997); Bellinger v. W. Va. Dep’t of Public Safety, Docket No. 95-DPS-119 (Aug. 15, 1995); United States v. Seeger, 380 U.S. 163 (1965), and Welsh v. United States, 398 U.S. 333 (1970)
|
|
Keywords
|
Termination; Annual Appointment; Job Duties; Vegan Beliefs
|
|
Intermediate Court of Appeals
|
|
|
Circuit Court
|
|
|
Supreme Court
|
|
|
Synopsis
|
Grievant was employed as an Industrial Specialist in Environmental Health and Safety at West Virginia University. Grievant was an at-will employee whose position was terminated eight months into his most recent annual appointment. Grievant’s appointment stated his employment was at-will and that termination of his appointment could occur if he failed to perform his duties and responsibilities as assigned. During the first fifteen months of this employment, Grievant performed the duties of his position without any issues. In February 2018, Grievant refused to perform assigned duties and was terminated for insubordination. Grievant asserts that he is a vegan and that he has moral and ethical objections to working at WVU’s farms or laboratories. Grievant was aware at the beginning of his employment that WVU is an Agricultural University with many farms and laboratories. Respondent demonstrated that Grievant did not fulfill the duties of his administrative position at the level expected of him by his supervisor. This is sufficient under the terms of the annual appointment to justify termination of the appointment before its ending date, for this otherwise at-will employee. The record did not support a finding that Grievant’s conduct was protected under the religious discrimination provision in Title VII.
|
Back to Results
Search Again