Database Search Result Details
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First Name
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ANN
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Last Name
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SAUVAGEOT
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Decision Date
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8/16/1988
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Docket Number
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BOR1-87-224-2
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ALJ
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SK
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Respondent
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WEST VIRGINIA UNIVERSITY
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Employment Type
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HE
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Job Title
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RESEARCH ASSISTANT PROFESSOR
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Topics
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RIF
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Primary Issues
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Reduction in Funding; Violative of Liberty and Property Interests; Seniority
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Outcome
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GRANTED
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Statutes
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BOR Policy 36
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Related Cases
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Keywords
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SENIORITY CONSIDERATION; FUNDING
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Intermediate Court of Appeals
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Circuit Court
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Respondent appealed to Kanawha County, Civil Action #88-AA-245; Affirmed, Reversed and set aside
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Supreme Court
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S.Ct. reversed ALJ at 408 S.E.2D 286 (1991); S.Ct. ruled partly in Grievant's favor
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Synopsis
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THE NONRENEWAL OF THE MOST SENIOR EMPLOYEE'S ANNUAL APPOINTMENT OF EMPLOYMENT AS A RESULT OF A REDUCTION IN FUNDING IS CONTRARY TO WVU POLICY THAT STAFF WITH THE MOST SENIORITY WILL BE RETAINED. THE SUPREME COURT, IN MODIFYING ITS OPINION, DELETED THE LANGUAGE STATING THAT A WRONGFULLY DISCHARGED EMPLOYEE CANNOT OBTAIN BACK PAY UNLESS THE DISMISS WAS MALICIOUS. (SEE PG. 8 AND PG. 9-TOP) The following is a summary of the Supreme Court of Appeals decision in WVU v. Sauvageot, 408 S.E.2d 286 (1991): The Supreme Court found a quite restricted right to reinstatement (not to displace an existing employee) and denied all back pay on the particular facts of the case. The case discusses how a public employee can acquire a property right in continuing employment. The Court found that WVU's 'Policies and Procedures for Program Change,' favoring seniority, which were relied on by the ALJ, were not dispositive. The ALJ had found that these 'policies' gave the grievant a right to employment based upon her seniority. The Court found a property right, i.e., a reasonable expectation of continuing employment, based upon a series of one-year contracts and WVU's policies favoring senior employees. In the 'peculiar circumstances' of this case, the Court denied any back pay. This is a modified decision that deleted or removed a statement that wrongfully discharged public employees cannot obtain back pay unless they prove the discharge was malicious.
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