Justia Labor & Employment Law Opinion Summaries

Articles Posted in West Virginia Supreme Court of Appeals
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Respondent began employment with Employer in 2005. In 2006, Respondent was terminated for refusing to take a drug test, but he was re-hired one month later. In 2007, Respondent suffered a compensable back injury and later underwent surgery. Respondent filed a worker's compensation claim and later agreed to a settlement for his claim. A few weeks later, Respondent was terminated. Respondent filed a civil action against Employer, asserting discrimination and that his receipt of the workers' compensation settlement was a significant factor in Employer's decision to discharge him. The jury found for Respondent. The Supreme Court affirmed, holding (1) the circuit court did not err in denying Employer's motion for judgment as a matter of law; (2) the circuit court did not err in its denial of Employer's motion for a new trial; (3) the circuit court did not abuse its discretion in providing a punitive damages instruction to the jury; and (4) Employer suffered no prejudice emanating from a late disclosure of Respondent's recent employment with Walmart. View "JWCF, LP v. Farruggia" on Justia Law

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Petitioner injured her wrist and shoulder at work while assisting a contract employee lift a box of clothes that had been left in Petitioner's office. The Workers' Compensation Board of Review (BOR) denied Petitioner's claim for benefits because Petitioner's injury was not attributable to an injury or disease "in the course of and resulting from" her employment as required by W. Va. Code 23-4-1(a). The Supreme Court affirmed, holding that the BOR's decision was neither in clear violation of any constitutional or statutory provision, based upon a material misstatement or mischaracterization of the evidentiary record, nor the result of erroneous conclusions of law. View "Morton v. W. Va. Office of Ins. Comm'r" on Justia Law

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Petitioner was employed by CSX Transportation, Inc. (CSXT) as a conductor. Alleging that he sustained injuries to his back due to unsupportive seats on the cabooses and locomotives, Petitioner filed this action against CSXT under the Federal Employers' Liability Act (FELA). CSXT filed a motion for summary judgment, claiming that the claim was barred by the FELA statute of limitations because it was filed more than three years after Petitioner's FELA claim accrued. The circuit court granted CSXT's motion. Petitioner appealed, asserting that disputed material facts existed concerning the applicable statute of limitations and whether he knew or should have known of his injury and its cause more than three years before filing his complaint. The Supreme Court affirmed, holding that Petitioner failed to show his cause of action accrued within three years of the filing of his FELA claim. View "Caudill v. CSX Transp." on Justia Law

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Respondent was employed by Petitioner. After Respondent was terminated, she filed a complaint with the West Virginia Human Rights Commission alleging that she was unlawfully discriminated against. The director of operations for the Commission issued a finding that no probable cause was found in Respondent's complaint and ordered it dismissed. After the assistant attorney general (Sheridan) conducted an administrative review hearing, the Commission found probable cause was alleged in the complaint. Sheridan then filed a notice of appearance on behalf of Respondent in proceedings before the Commission. Petitioner filed a motion to disqualify Sheridan, arguing that he was conflicted from representing Respondent because he had acted in a judicial capacity while conducting the administrative review. The administrative law judge denied the motion. Petitioner then filed a petition for writ of mandamus. The Supreme Court (1) declined to issue the writ insofar as it requested that Respondent's claims be dismissed; (2) declined to order that a subpoena be issued to allow Petitioner to access documents reviewed during the administrative review; but (3) issued the writ to state that Sheridan could not represent Respondent in proceedings before the Commission. View "State ex rel. Ten S. Mgmt. v. W. Va. Human Rights Comm'n" on Justia Law

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Respondent's employment with the West Virginia Department of Transportation (DOH) was terminated because Respondent allegedly accessed and attempted to access pornographic websites using a computer owned by the State. Emphasizing that the computer was located in a common area for the use of several workers, Respondent denied that he was the offending employee. The Public Employees Grievance Board found in favor of Respondent and directed the DOH to reinstate him to his employment. The circuit court affirmed. The Supreme Court affirmed, holding that the DOH did not carry its burden of proving the allegations against Respondent by a preponderance of the evidence. View "W. Va. Dep't of Transp. v. Litten" on Justia Law

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Petitioner was employed as a custodian by Respondent, the Board of Education of the County of Raleigh under a 210-day regular contract and thirty-day summer contract that did not include paid vacation days. Petitioner filed a grievance against Respondent in 2007, asserting that Respondent violated the uniformity provisions in W. Va. Code 18A-4-5b and the discrimination prohibition of W. Va. Code 6C-2-2(d) by employing a similarly situated custodian with a 261-day contract that included paid vacation days. The West Virginia Public Employees Grievance Board found Petitioner established that Respondent violated sections 18A-4-5b and 6C-2-2(d) but denied both back pay and prospective relief to Petitioner. The circuit court affirmed the denial of relief. Petitioner appealed, seeking lost wages for the school year after which Petitioner initiated his grievance. The Supreme Court affirmed the circuit court's denial of relief to Petitioner, holding that an employee who holds a 210-day regular contract and a thirty-day contract to perform related duties during a summer school term does not perform like assignments and duties with a school service employee who holds a 261-day regular contract for the purpose of the uniformity provisions found in section 18A-4-5b. View "Patterson v. Bd. of Educ. of County of Raleigh" on Justia Law

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Petitioner was hired by Employer as a general laborer to work on a pipeline project. When some unsecured pipe struck Petitioner in the back, Petitioner sustained back and other injuries. Petitioner subsequently applied for and received workers' compensation benefits for his injury. Employer subsequently refused to rehire Petitioner, and petitioner was awarded unemployment compensation benefits. Thereafter, Petitioner filed the instant action claiming workers' compensation discrimination and alleging that Employer acted with "deliberate intention" to cause Petitioner's injury. The circuit court granted summary judgment in favor of Employer. Petitioner appealed, arguing that genuine issues of material fact existed as to whether Employer acted with deliberate intention to cause Petitioner's injury and whether Employer refused to rehire Petitioner in retaliation for filing a workers' compensation claim. The Supreme Court affirmed, holding that the circuit court did not err in granting summary judgment for Employer, as (1) Petitioner failed to demonstrate the statutory predicate for a deliberate intention claim; and (2) Petitioner failed to adduce prima facie evidence giving rise to a genuine issue of material fact with regard to his claim of workers' compensation discrimination. View "Smith v. Apex Pipeline Servs." on Justia Law

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Respondents were former employees of Verizon West Virginia, Inc. who filed wrongful termination claims against Verizon based upon alleged violations of the West Virginia Human Rights Act. Petitioners were Verizon and various of its managerial and similar-positioned employees (collectively, Verizon) who were named as defendants in the underlying wrongful termination proceedings. At issue before the Supreme Court was Verizon's contention that Respondents' counsel's (Law Firm) prior representation of other former employees of Verizon in substantially related matters that were settled and dismissed required Law Firm to be disqualified. The circuit court permitted Law Firm to continue its representation of Respondents. Verizon subsequently requested the issuance of a writ of prohibition disqualifying Law Firm. The Supreme Court denied the writ, finding that Verizon was not entitled to prohibitory relief because (1) Law Firm's successive representation of its former and current clients did not constitute a conflict under the West Virginia Rules of Professional Conduct; and (2) moreover, the relief requested by Verizon would impermissibly restrict Law Firm's right to practice law in contravention of the Rules of Professional Conduct. View "State ex rel. Verizon West Virginia, Inc. v. Circuit Court" on Justia Law

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Employee resigned from her employment with Employer after Employee failed to accommodate Employee's responsibilities regarding daycare for her children. Employee filed for unemployment compensation benefits. An ALJ found Employee was eligible for benefits. The Board of Review of Workforce West Virginia reversed the award of benefits, finding that Employee's departure was not for good cause involving fault on the part of Employer. The circuit court reversed, concluding that Employee was entitled to unemployment compensation benefits because Employee had terminated her employment for good cause involving fault on the part of Employer. The Supreme Court reversed and remanded for reinstatement of the decision of the Board of Review, holding that Employee terminated her employment voluntarily without good cause involving fault on the part of Employer. View "Verizon Servs. Corp. v. Epling" on Justia Law

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Before the Supreme Court were consolidated appeals of three separate final orders of the circuit court. The appeals were made by Petitioners, state troopers or their survivors, and were as follows: (1) Petitioners appealed a March 30, 2011 order dismissing their complaint against the state police and others alleging they were placed in the wrong retirement plan; (2) Petitioners appealed a March 30, 2011 order granting summary judgment in favor of the state police in Petitioners' claim that the police, during the recruitment of Petitioners, misrepresented which retirement plan Petitioners would be placed in upon their employment as state troopers; and (3) Petitioners appealed a June 29, 2011 order denying Petitioners' motion, made pursuant to W.V. R. Civ. P. 60(b), for relief from the circuit court's March 30, 2011 order dismissing the complaint against the retirement board, state, state police retirement system, and others. The Supreme Court (1) affirmed the court's March 30, 2011 order dismissing all of the respondents except the state police; (2) affirmed the March 30, 2011 order that granted summary judgment on behalf of the state police; and (3) affirmed the June 29, 2011 order denying Petitioners' Rule 60(b) motion. View "Bland v. State" on Justia Law