Database Search Result Details
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First Name
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John
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Last Name
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Simmerman
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Decision Date
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9/28/2020
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Docket Number
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2019-0084-CU
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ALJ
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WBM
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Respondent
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Concord University
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Employment Type
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HE
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Job Title
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Info Systems Tech
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Topics
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Dismissed; Termination
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Primary Issues
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Whether Respondent had good cause to terminate Grievant’s at-will employment.
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Outcome
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Denied
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Statutes
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W. Va. Code § 18B-9A-2; W. Va. Code § 18A-2-8
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Related Cases
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Logan v. W. Va. Regional Jail & Correctional Auth., Docket No. 94-RJA-225 (Nov. 29, 1994); Harless v. First Nat'l Bank of Fairmont, 162 W. Va. 116, 246 S.E.2d 270 (1978); Wilhelm v. W. Va. Lottery, 198 W.Va. 92, 479 S.E.2d 602 (1996); Powell v. Brown, 238 S.E.2d 220, 160 W.Va. 723 (1977); Vest v. Board of Educ., 193 W.Va. 222, 225, 455 S.E.2d 781, 784 (1995)
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Keywords
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Termination; At-Will Employee; Job Duties; Job Accommodations; Hearing impaired
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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 originally employed by Respondent as a classified employee, but his employment was converted to nonclassified or “at-will” by the passage of legislation which became om July 1, 2017. Respondent dismissed Grievant from employment “for continuing failure to meet employment expectations.” Grievant argues that Respondent was required to grant Grievant employment protections set out in CU policy He asserts that his work performance was satisfactory, and any performance shortfalls were related to Respondent’s failure to provide him with reasonable accommodations necessary to assist with his disability.
As an at-will employee Respondent may terminate Grievant’s employment for any reason that does not violate public policy. Respondent proved that Grievant’s job performance failed to meet expected standards and that Grievant was not denied reasonable accommodations. Grievant did not prove that he dismissed for prohibited reasons.
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