Beichler v. West Va. Univ. At Parkersburg

• Decision Date: 16 September 2010
• Docket Number: No. 35435.,35435.
• Citation: 700 S.E.2d 532,226 W.Va. 321
• Court: West Virginia Supreme Court
• Parties: James E. BEICHLER, Plaintiff Below, Appellant v. WEST VIRGINIA UNIVERSITY AT PARKERSBURG, Defendant Below, Appellee.

226 W.Va. 321

700 S.E.2d 532

James E. BEICHLER, Plaintiff Below, Appellant

v.WEST VIRGINIA UNIVERSITY AT PARKERSBURG, Defendant Below, Appellee.

No. 35435.

Supreme Court of Appeals ofWest Virginia.

Submitted Sept. 7, 2010.

Decided Sept. 16, 2010.

Syllabus by the Court

1. “Appellate review of a circuit court's order granting a motion to dismiss a complaint is de novo.” Syl. pt. 2, State ex rel. McGraw v. Scott Runyan Pontiac-Buick, 194 W.Va. 770, 461 S.E.2d 516 (1995).

2. “When a statute is clear and unambiguous and the legislative intent is plain, the statute should not be interpreted by the courts, and in such case it is the duty of the courts not to construe but to apply the statute.” Syl. pt. 5, State v. General Daniel Morgan Post No. 548, 144 W.Va. 137, 107 S.E.2d 353 (1959).

3. Pursuant to W.Va.Code, 21-5-12(a) (1975), a person whose wages have not been paid in accord with the West Virginia Wage Payment and Collection Act may initiate a claim for the unpaid wages either through the administrative remedies provided under the Act or by filing a complaint for the unpaid wages directly in circuit court.

4. “[A]ppellate courts review questions involving principles of sovereign immunity de novo.” Gribben v. Kirk, 195 W.Va. 488, 466 S.E.2d 147 (1995).

5. Article VI, § 35, of the Constitution of West Virginia, concerning this State's sovereign immunity, does not bar the claim of a State employee for unpaid wages asserted under the West Virginia Wage Payment and Collection Act, W.Va.Code, 21-5-1 (1987), et seq., whether the claim is initiated through the administrative remedies provided under the Wage Payment and Collection Act or initiated by filing a complaint for the unpaid wages directly in circuit court.

Walt Auvil, Esq., Rusen & Auvil, Parkersburg, WV, for Appellant.

Darrell V. McGraw, Jr., Esq., Attorney General, Jendonnae L. Houdyschell, Esq., Senior Assistant Attorney General, Charleston, WV, for Appellee.

Lonnie C. Simmons, Esq., DiTrapano, Barrett & DiPiero, Charleston, WV, for Amicus Curiae West Virginia Employment Lawyers Association.

KETCHUM, Justice:

This action is before this Court upon the appeal of James E. Beichler from the March 4, 2009, order of the Circuit Court of Kanawha County dismissing his complaint in a wage payment and collection matter. The complaint sought unpaid wages and liquidated damages for certain teaching services allegedly performed by Beichler during his employment with the appellee, West Virginia University at Parkersburg. The complaint additionally demanded costs and attorney fees. Pursuant to the March 4, 2009, order, the complaint was dismissed upon the Circuit Court's determination that Beichler failed to exhaust available administrative remedies prior to filing his complaint in the Circuit Court. The complaint was also dismissed because the Circuit Court determined that Beichler's claims against the University are barred by the sovereign immunity provision set forth in article VI, section 35, of the Constitution of West Virginia which states, in part, that the State “shall never be made defendant in any court of law or equity[.]”

This Court concludes that the current statutory scheme found in the West Virginia Wage Payment and Collection Act, W.Va.Code, 21-5-1 (1987), et seq., expressly allows a plaintiff, such as Beichler, to file an action concerning wages directly in circuit court without first having to exhaust available administrative remedies. Moreover, this Court concludes that the action filed by Beichler is not barred by the immunity provisions of W.Va. Const. art. VI, § 35. The Circuit Court's order of March 4, 2009, is reversed, and this action is remanded to that Court for further proceedings.

I.Factual Background

James E. Beichler began working for West Virginia University at Parkersburg in August 2001 in the physics department. Hired initially as an assistant professor, he later became a tenure track associate professor. The University is a State agency providing services in the field of higher education. See, W.Va.Code, 18B-2A-1(b) (2009) (West Virginia University at Parkersburg is included among the State's institutions of higher learning).

During his employment, Beichler entered into a number of discretionary contracts with the University for the providing of teaching services beyond his regular teaching duties. The contracts, known as Faculty Overload Contracts, provided a means for professors at the University to earn additional compensation.

By letter dated May 15, 2007, from the Campus President, Beichler was informed that he was denied tenure and that he would be issued a one year termination contract for the 2007-2008 academic year. Beichler's last day would be May 17, 2008. According to the letter, his termination was based on a declining enrollment in physics classes at the University.

II.Procedural Background

Nothing in the record before this Court indicates that Beichler filed a grievance challenging his termination or instituted any other proceedings in that regard. However, on November 5, 2008, Beichler filed an original action in the Circuit Court of Kanawha County alleging that the University, in various instances, failed to pay him for his additional teaching services under the Faculty Overload Contracts. The complaint was grounded on the West Virginia Wage Payment and Collection Act, W.Va.Code, 21-5-1 (1987), et seq. The complaint sought unpaid wages and liquidated damages for violations of the Act. See, W.Va.Code, 21-5-4(e) (2006) (providing for liquidated damages for the failure to pay wages). In addition, the complaint demanded costs and attorney fees. See, W.Va.Code, 21-5-12(b) (1975) (authorizing the assessment of costs and reasonable attorney fees).

Beichler did not pursue available administrative remedies provided by the Wage Payment and Collection Act for the recovery of unpaid wages before he instituted the action in Circuit Court.

The University filed a motion to dismiss the complaint, alleging, inter alia, that Beichler's action was precluded by his failure to pursue administrative remedies and that the action is barred by the sovereign immunity provisions of W.Va. Const. art. VI, § 35. A hearing was conducted by the Circuit Court, and the motion was granted pursuant to the order of March 4, 2009. The Circuit Court determined that, inasmuch as Beichler failed to pursue and exhaust available administrative remedies concerning his claims for unpaid wages, the Court lacked jurisdiction to allow him to proceed. Moreover, the Circuit Court concluded that West Virginia University at Parkersburg, as one of the State agencies to which the duty of providing higher education has been delegated, is entitled to immunity under W.Va. Const. art. VI, § 35, from Beichler's claims.

In January 2010, this Court granted Beichler's appeal from the March 4, 2009, order.

III.Standard of Review

The motion of the University to dismiss the complaint, granted by the Circuit Court, was filed under Rule 12(b)(1), concerning lack of jurisdiction, and Rule 12(b)(6), concerning the failure to state a claim, of the West Virginia Rules of Civil Procedure. Thus, this Court's review of the ruling of the Circuit Court is de novo. Syllabus point 2 of State ex rel. McGraw v. Scott Runyan Pontiac-Buick, 194 W.Va. 770, 461 S.E.2d 516 (1995), holds: “Appellate review of a circuit court's order granting a motion to dismiss a complaint is de novo.” Syl. pt. 1, Lontz v. Tharp, 220 W.Va. 282, 647 S.E.2d 718 (2007); syl. pt. 1, Rhododendron Furniture & Design v. Marshall, 214 W.Va. 463, 590 S.E.2d 656 (2003). See also, Cleckley, Davis and Palmer, Litigation Handbook on West Virginia Rules of Civil Procedure § 12(b) (3d ed.2008) (confirming that appellate review of an order granting a motion to dismiss is de novo ).

[2] The de novo standard is particularly applicable in this matter insofar as the order of March 4, 2009, raises two purely legal issues: (1) whether appellant Beichler filed his wage and payment collection claims in the correct forum by instituting an action in the Circuit Court in the first instance, and (2) whether his claims are, nevertheless, barred by constitutional immunity. As syllabus point 2 of State ex rel. Orlofske v. City of Wheeling, 212 W.Va. 538, 575 S.E.2d 148 (2002), observes: “ ‘Where the issue on an appeal from the circuit court is clearly a question of law ... we apply a de novo standard of review’ Syllabus point 1, in part, Chrystal R.M. v. Charlie A.L., 194 W.Va. 138, 459 S.E.2d 415 (1995).”

IV.Discussion

A.The Wage Payment and Collection Claim

Beichler contends that the Circuit Court committed error in dismissing the complaint upon the determination that he should have pursued and exhausted available administrative remedies prior to filing the action. Beichler seeks an exception to the well-settled principle set forth in syllabus point 1 of Daurelle v. Traders Federal Savings and Loan Association, 143 W.Va. 674, 104 S.E.2d 320 (1958): “The general rule is that where an administrative remedy is provided by statute or by rules and regulations having the force and effect of law, relief must be sought from the administrative body, and such remedy must be exhausted before the courts will act.” See also, syl. pt. 2, Sturm v. Board of Education of Kanawha County, 223 W.Va. 277, 672 S.E.2d 606 (2008).

The West Virginia Wage Payment and Collection Act includes administrative remedies available to employees who wish to file a claim for unpaid wages. In W.Va.Code, 21-5-11(b) (1975), the Commissioner of the Division of Labor is authorized, among other things, to issue subpoenas and compel the attendance of witnesses in proceedings under the Act. Specifically, in McDaniel v. West Virginia Division of Labor, 214 W.Va. 719, 591 S.E.2d 277 (2003), this Court observed that the administrative proceedings in a wage payment and collection matter include an investigation, an initial meeting with the parties, a hearing before a...