CHARLESTON – A former employee has sued West Virginia State University and two of his supervisors after he was fired for leaving work because of COVID-19 concerns at the beginning of the pandemic.
Mark Shuff filed his complaint February 22 in Kanawha Circuit Court against WVSU, Dayton Wilson and Kristi Williams.
According to the complaint, Shuff was an employee of the school for more than 30 years. His last job was lead trade specialist in the Physical Facilities department. Wilson was Shuff’s direct supervisor, and Williams was Wilson’s direct supervisor.
In late March 2020, Shuff says he and some of his co-workers had “serious and valid concerns about the level of personal protective equipment” being offered to them by the school and about the requirements that would exist to work during the pandemic.
On March 25, 2020, Shuff and some of his co-workers were discussing these issues when one of them (Randy Mallett) made an audio recording of the conversation. Wilson and his assistant Dale Combs were part of that conversation. In Shuff’s grievance hearing, Mallett testified he made the recording because he didn’t trust Wilson, who he says promoted a hostile work environment.
After that discussion, the employees left work. Shuff says he and his co-workers were not provided adequate PPE to continue working, and their supervisors had been informed they would be forced to walk off of the job because of it.
On March 30, 2020, Shuff says he was given an “Intent to Terminate and Suspension with Pay” notice by Wilson that had been drafted by Williams. It said he was being fired “for gross misconduct, specifically, for … insubordinate behavior and unprofessional conduct” on March 25, 2020.
“Your language and demeanor were both inappropriate and insubordinate,” the notice stated. “Gathering several employees, bringing them to my office and proceeding to tell me ‘like it is’ and stating that staff do not need to be here … and upon hearing again that we are essential employees and WVSU required us to be here, you stated that I am just a F&$king messenger.”
It says the other employees involved in the discussion were given a “Notice of Written Reprimand” but not fired. Shuff also says the other employees refute the idea that he staged a walkout or gathered them to confront Wilson. The complaint says handwritten notes by Williams shows she knew “with certainty” Shuff didn’t gather the employees.
In addition, Shuff notes the termination notice doesn’t include an allegation that he didn’t report to work or abandoned his job duties. But he says those reasons were added later. He also says he didn’t call Wilson “f&$king messenger.”
The complaint also says everyone involved in the case except for Wilson testified at Shuff’s grievance proceedings before Kanawha Circuit Judge Carrie Webster. The grievance remains pending.
“Defendant WVSU manufactured ‘red herring’ excuses and fraudulent justifications for Mr. Shuff’s wrongful termination,” the complaint states. “The truth of the matter is, as made clear during witness testimony during Mr. Shuff’s grievance proceedings, that Mr. Shuff was wrongfully terminated from his employment.”
Shuff accuses the defendants of wrongful termination in violation of public policy, negligent supervision and retention, violation of the state Human Right Act, intentional infliction of emotional distress, negligent infliction of emotional distress and liability. He also accuses Williams of dereliction of duty.
He seeks compensatory damages of back pay for lost wages, all employment-related benefits for which he was eligible, front pay including lost wages and employment-related benefits, reimbursement for all lost wages and final pay, past and future emotional distress, embarrassment, indignity, humiliation, inconvenience, mental anguish, court costs, pre- and post-judgment interests and other damages. He also seeks punitive damages, incidental damages and consequential damages.
Jack Bailey, WVSU's assistant vice president for University Relations, said the university does not comment on pending litigtion.
Shuff is being represented by Shawn R. Romano and Miles B. Berger of Romano & Associates in Charleston. This case also has been assigned to Webster.
Kanawha Circuit Court case number 22-C-140
