Morgan v. Pizzino

In Morgan v. Pizzino, 163 W. Va. 454, 256 S.E.2d 592 (1979), the Court stated that school personnel regulations and laws are to be strictly construed in favor of the employee. In Syllabus Point 2, the Court concluded that: "W. Va. Code, 18A-2-7 provides for notice and hearing before an employee's placement on a transfer or reassignment list is approved by a board of education. It must be complied with strictly." When the statutory provisions were not strictly complied with, the Court concluded that it is appropriate that personnel transferred be removed from the transfer and reassignment list. In effect, failure to comply with the notice and hearing requirements requires the setting aside of a challenged transfer.