Athens State College v. Ruth

I agree with Judge Yates that the Employee Review Panel's findings of fact need only be supported by substantial evidence in order to be sustained on appeal. I conclude, however, that the Panel erred as a matter of law in ordering that Ruth be reinstated as an employee of the College.

The Panel's order requires the College to place Ruth, who is a nonprobationary, nonteacher employee, whose termination is governed by the Fair Dismissal Act, Ala. Code 1975, § 36-26-100 et seq., in an employment position for which she is "qualified" and that is currently held by a probationary, nonteacher…