Koerner v. West Virginia Department of Military Affairs & Public Safety

Summary

The Supreme Court of Appeals of West Virginia affirmed enforcement of a settlement agreement resolving claims arising from the appellant’s employment and discharge. The court held that the West Virginia Human Rights Commission’s 1992 waiver regulations applied only to claims pursued before the Commission, not to Human Rights Act claims brought in circuit court. The court also declined to reach the tender-back issue and did not consider an argument concerning the appellant’s refusal to sign a separate release because it was not properly assigned as error.

Holdings

1. The Commission's 1992 legislative waiver rules applied only to claims pursued before the West Virginia Human Rights Commission and did not apply to Human Rights Act claims pursued in another forum, including a West Virginia circuit court.
2. Koerner's waiver of claims arising before August 12, 2002 was valid because the settlement agreement resolved all claims arising from her employment and discharge, the waiver was found to be knowing and voluntary, and the 1992 rules did not require an express reference to the Human Rights Act for a claim pursued in circuit court.
3. The court declined to decide the tender-back doctrine issue because its conclusion that the 1992 waiver rules did not apply to Koerner's civil action and its affirmance of the circuit court's disposition made resolution unnecessary.

Questions Presented

1. Whether the West Virginia Human Rights Commission's 1992 waiver rules, including the requirement that a waiver specifically refer to rights or claims under the West Virginia Human Rights Act, applied to a Human Rights Act claim pursued in circuit court rather than before the Commission.
2. Whether Koerner's settlement agreement constituted a valid waiver of her pre-August 12, 2002 Human Rights Act claims despite not expressly referencing the Act.
3. Whether the court should resolve the tender-back doctrine issue.
4. Whether Koerner could challenge the settlement agreement based on her refusal to sign the contemplated release when that issue was not assigned as error in the petition for appeal.

Disposition

affirmed