Frymier v. Higher Education Policy Commission, 221 W. Va. 306

Summary

The Supreme Court of Appeals of West Virginia affirmed orders denying Amanda Frymier bumping rights under West Virginia Code § 18B-7-1 and rejecting her claim of favoritism. The court held that the statute's reduction-in-force provisions apply to layoffs, furloughs, or terminations, not merely reductions in work hours. It also held that differing treatment was based on actual job responsibilities and therefore did not constitute favoritism.

Holdings

1. West Virginia Code § 18B-7-1 does not apply when an employee remains employed in the same position but experiences only a reduction in work hours; the statute governs reductions in the number of employees through temporary furlough, layoff, or permanent termination.
2. The college did not engage in unlawful favoritism because the difference in treatment was related to the employees' actual job responsibilities.

Questions Presented

1. Whether West Virginia Code § 18B-7-1 grants bumping rights when an employee's work hours, salary, and benefits are reduced but the employee is neither laid off nor terminated.
2. Whether Glenville State College's retention of a less-senior employee in a 1.0 FTE position constituted statutory favoritism when the employees' differing job responsibilities justified different treatment.

Disposition

affirmed