Triggs v. Berkeley County Bd. of Educ
In Triggs v. Berkeley County Bd. of Educ., 188 W. Va. 435, 425 S.E.2d 111 (1992) the Court was asked to determine what happens to the seniority of a professional employee who voluntarily resigns and is subsequently reemployed by the same board of education.
The Court held in Triggs that the Legislature "did not intend seniority rights to be retained by a teacher who voluntarily resigns or retires." Triggs, 188 W. Va. at 441, 425 S.E.2d at 117.
The holding in Triggs was qualified by the following language: "It is further noted that this opinion shall have no retroactive application and those school employees who were awarded seniority after a break in service prior to our decision in this case shall retain such seniority." Triggs, 188 W. Va. at 442, 425 S.E.2d at 118.