Database Search Result Details
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First Name
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Brenda
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Last Name
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McCarthy
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Decision Date
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2/22/2019
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Docket Number
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2019-0550-DOE
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ALJ
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LRB
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Respondent
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Department of Education
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Employment Type
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DOE
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Job Title
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Secretary III-A
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Topics
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Dismissed
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Primary Issues
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Whether Grievant an at-will employee identified a claim on which relief can be granted pursuant to West Virginia Public Employees Grievance Procedure.
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Outcome
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Failure to State a Claim
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Statutes
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Related Cases
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Wright v. Standard Ultramarine and Color Co., 141 W. Va. 368, 382, 90 S.E.2d 459, 468 (1955); Harless v. First Nat'l Bank of Fairmont, 162 W. Va. 116, 246 S.E.2d 270 (1978); Armstrong v. W. Va. Div. of Culture & History, 229 W. Va. 538, 729 S.E.2d 860 (2012); Cordle v. General Hugh Mercer Corp., 174 W. Va. 321, 325 S.E.2d 111 (1984); Page v. Columbia Natural Resources, Inc., 198 W. Va. 378, 480 S.E.2d 817 (1996); 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); Loy v. Board of Education, Docket No. 2018-1206-CONS; Williams v. Brown, 190 W. Va. 202, 437 S.E.2d 775 (1993)
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Keywords
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Motion to Dismiss; At-Will Employee; Termination; Substantial 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 her at-will employment. Grievant was employed by Respondent, WVDE, as a Secretary IIIA in the Office of Special Education. Grievant was an at-will employee, and as such could be terminated for any reason that did not violate a substantial public policy. Respondent dismissed Grievant from employment without stating any cause for terminating her at-will employment. Pursuant to relevant case law and pertinent statutes, Grievant, has failed to identify a public policy violation. Grievant failed to state a claim on which relief can be granted, because the alleged conduct she identified, if true, were not identified as substantial policies violations linked to her termination. Grievant has failed to state a claim for which relief may be granted in the West Virginia Public Employees Grievance Procedure. Accordingly, Respondent’s “Motion to Dismiss” is Granted and this grievance is dismissed.
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