Taylor v. West Virginia Department of Health & Human resources

I agree with the majority that the plaintiffs failed to identify how them discharges contra*571vened the Ethics Act. They have no retaliatory discharge claim based on the Ethics Act. However, it is clear that the plaintiffs can, in fact, assert a valid retaliatory discharge claim under our Procurement Statute- and should be permitted to amend their pleadings to conform to the evidence in this case. It is plain from the evidence that there is a substantial public policy relating to the plaintiffs’ discharges under the statutory procurement procedures contained in West Virginia Code § 5A-3-1 et…