Database Search Result Details

First Name WAYNE/WAYNE
Last Name FACELLO/MARCUM
Decision Date 1/29/1988
Docket Number 41-87-235
ALJ SK
Respondent RALEIGH COUNTY BOARD OF EDUCATION
Employment Type SERV
Job Title CARPENTERS (SERVICE)/PROBATIONARY
Topics RIF
Primary Issues Probationary service personnel not rehired for school term as they accepted position as temporary and have suffered no damages.
Outcome DENIED
Statutes WV CODE 5-22-1
Related Cases 341 S.E.2D 685 (W.VA. 1985)
Keywords TEMPORARY; PROBATIONARY; DAMAGES; REHIRE; STATE SUPT. DECISION UPHELD
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis GR WERE ISSUED CONTRACTS FOR PROBATIONARY SERVICE PERSONNEL AS THEIR EMPLOYMENT WAS CONTINGENT UPON THE AVAILABILITY OF BOND CONSTRUCTION FUNDING. GRIEVANT'S WERE NOT REHIRED BASED ON AN OPINION OF THE ATTORNEY GENERAL WHICH STATED THAT TEMPORARY OR REGULAR EMPLOYEES COULD NOT BE HIRED TO WORK ON CONSTRUCTION PROJECTS WITH A TOTAL COST EXCEEDING $25,000. GRIEVANTS AGREED TO ACCEPT THE POSITIONS AS TEMPORARY EMPLOYMENT; THEY HAVE SUFFERED NO DAMAGES AS PER THAT AGREEMENT.

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