Collins v. Elkay Mining Co.

MILLER, Justice:

This is a wrongful discharge action instituted by Clinton Collins, a former tipple foreman, in which the trial court granted summary judgment for the defendant, Elkay Mining Company (Company). The trial court concluded that the plaintiffs retaliatory discharge claim under Harless v. First Nat’l Bank in Fairmont, 162 W.Va. 116, 246 S.E.2d 270 (1978), was barred by the plaintiffs failure to pursue State and federal administrative remedies, and that the plaintiffs independent cause of action based upon a breach of an implied contract of employment was not cognizable under West…