The Term in Review: Employment
WVSCBlog previewed two employment cases this term, both of which produced opinions protecting and expanding employee rights.
The plaintiff in Frohnapfel v. Arcelormittal USA, LLC, No. 14-0671, was a technician at a plant that discharged dangerous byproducts into the Ohio River. These discharges were regulated by a permit issued under the West Virginia Water Pollution Control Act. Frohnapfel was terminated. Then he sued, alleging that his termination was a result of complaining to management that the discharges were in violation of the plant’s permit. The Supreme Court, in a unanimous opinion, held that the Act established a substantial public policy and that terminating an employee for reporting violations of the Act would be actionable.
West Virginia recognized a claim for “retaliatory discharge” nearly 40 years ago in another whistleblower case involving our state’s banking laws. The Court has continued to protect whistleblowers. This case is no exception. Importantly, the Court did not require an express statement of public policy in the Act itself, but, instead, considered the Act in its entirety. To deny protection to whistleblowers under the circumstances presented here would have been a setback in the state’s efforts to regulate our water supply. Frohnapfel is a welcome addition to our body of retaliatory discharge law.
The Court also issued a pro-employee opinion in Citynet, LLC v. Toney, No. 14-0058, a case involving the Wage Payment and Collection Act. The plaintiff, Toney, participated in an employee incentive plan. Even though Toney’s rights were fully vested, his employer refused to pay amounts that were due and owing under the plan when he voluntarily left his job. The Court refused to enforce language in the plan that would have delayed payment for up to 90 days, finding that employers cannot manipulate plan language in an effort to avoid time requirements that are specifically imposed by the WPCA.
Clearly, this is a win for workers. In its 2015 session, however, the Legislature scaled back some of the WPCA’s protections. This is unfortunate, but it is hoped that the Court will continue to give the WPCA the strong enforcement that is necessary to protect West Virginia’s workers and their families.
