CHARLESTON — The West Virginia Supreme Court of Appeals found that there are genuine issues of disputed facts regarding whether or not the West Virginia University Board of Governors violated the West Virginia Wage Payment and Collection Act.
"While sovereign immunity is facially absolute,3 two narrow exceptions are implicated here," Justice Beth Walker wrote in the majority opinion. "First, sovereign immunity does not bar a plaintiff from seeking to recover under the State’s liability insurance coverage — as Dr. (Asad) Davari attempted to do through his contractual and quasi-contractual claims — but the policy must still cover those claims for him to succeed."
Walker wrote that the court agreed with the circuit court in some aspects, like that the policy by WVU Board of Governors did not cover Davari’s breach of contract claim or equitable claims of quantum merit and unjust enrichment.
Walker
"So, we affirm that portion of the summary judgment order," she wrote. "Second, sovereign immunity does not bar the claim of a State employee, like Dr. Davari, who seeks unpaid wages under the WPCA.5 And contrary to the circuit court’s order, we find that genuine issues of disputed fact exist as to whether WVU BOG violated the WPCA. So, we reverse that portion of the summary judgment order and remand for further proceedings."
In this case, Davari was a professor at WVU's Institute of Technology and was appointed to director of the Center for Research on Advanced Control of Autonomous Systems and Manufacturing in 2004.
After several years, Davari began to raise the issue about his supplemental salary that he was not receiving and in 2013, the matter was investigated and Carolyn Long, the campus president of WVU Tech, advised Davari that he would not be paid any additional salary for serving as the director of the center and that he was already compensated as one of the highest-paid professors at WVU Tech.
"Second, Ms. Long stated that there was no enforceable contract that entitled him to receive a $24,000 salary for this work," Walker wrote. "And third, she said she believed that Dr. Davari waived his right to object to his salary because he had signed and approved annual notices of appointment throughout the years that listed his total salary."
Davari then filed a complaint against WVU Board of Governors in February 2014, saying that he was not being paid the supplemental salary he was supposed to be getting since 2004. The case went to the circuit court in 2019 and the circuit court dismissed the complaint. Davari then appealed to the Supreme Court.
"WVU BOG is entitled to summary judgment on Dr. Davari’s claims for breach of contract, quantum meruit, and unjust enrichment because those claims are barred by the doctrine of sovereign immunity," Walker wrote. "We affirm that portion of the circuit court’s March 2, 2020, summary judgment order. But the circuit court erred in granting summary judgment on Dr. Davari’s WPCA claim. So, that portion of the March 2, 2020, summary judgment order is reversed, and the case is remanded for further proceedings."
West Virginia Supreme Court of Appeals case number: 20-0311
