Lewis County Board of Education v. Michael Holden

Justice KETCHUM:

The Lewis County Board of Education (the Board) appeals an order entered in the Circuit Court of Kanawha County which reversed a decision by the West Virginia Public Employees Grievance Board. In its order, the circuit court held that: (1) the Board improperly terminated Michael Holden (Holden) from his job as a school bus driver;, and (2) Holden timely filed a grievance of the Board’s denial of his request for a leave of absence.

The Board argues on appeal that there was sufficient evidence to terminate Holden based on his physical incompetency to safely do his job. It…