250 W.Va. 674
W. Va. Ct. App.2024Background
- Plaintiffs were tenured or tenure-track faculty at Wheeling Jesuit University (WJU) whose employment was not renewed due to a financial exigency declared by the WJU Board in March 2019.
- The WJU Faculty Handbook governed terms of employment, specifically addressing termination and entitled certain faculty to "terminal appointments" upon termination not for cause, providing a further year of employment.
- The faculty’s appointments ended August 31, 2019, with the university discontinuing entire majors, citing financial need.
- Plaintiffs sued, alleging breach of contract (for failure to offer terminal appointments) and violation of the West Virginia Wage Payment and Collection Act (WPCA).
- The circuit court granted summary judgment for plaintiffs, awarding damages for lost wages and, under the WPCA, liquidated damages; WJU appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Eligibility for terminal appointments — tenure-track | Faculty entitled to terminal appointments per Faculty Handbook Section 7.5. | Section 7.4 (not 7.5) controls; these appointments not renewed, not terminated mid-term. | Tenure-track faculty not entitled to terminal appointments, Section 7.4 governs. |
| Eligibility for terminal appointments — tenured | Terminated not for cause; entitled to terminal appointments under Section 7.5. | Financial exigency termination is "for cause"; no entitlement. | Tenured faculty entitled to terminal appointments as financial exigency is not “for cause” under policy. |
| WPCA applicability to terminal appointments | Failure to award terminal appointments = unpaid wages/fringe benefits under WPCA. | Not wages/fringe under WPCA; terminal appointments are for future services, not accrued compensation. | Terminal appointments are not wages under WPCA; liquidated damages under WPCA inapplicable. |
| Calculation of damages/mitigation requirement | Full salary for missed terminal year owed; mitigation not required due to WPCA. | Damages should be reduced by interim earnings and only for actual lost wages. | Tenured faculty must mitigate; damages reduced by interim earnings, remanded to consider mitigation for one party. |
Key Cases Cited
- Miller v. WesBanco Bank, Inc., 245 W. Va. 363 (2021) (contract interpretation—plain, unambiguous language binds the parties)
- Fraternal Ord. of Police, Lodge No. 69 v. City of Fairmont, 196 W. Va. 97 (1996) (contracts applied according to their plain meaning)
- Rodriguez v. Consol. Coal Co., 206 W. Va. 317 (1999) (mitigation standard—burden is on defendant to show plaintiff failed to seek comparable employment)
- Martin v. Bd. of Ed. of Lincoln Cnty., 120 W. Va. 621 (1938) (mitigation is an affirmative defense, with burden on employer)