MORGANTOWN, W.Va. – The Morgantown firefighter pay dispute with the city has been ordered back to Monongalia County Circuit Court.
A unanimous ruling by the State Supreme Court that appealed the decision from now-retired judge Phillip Gaujot over the statute of limitations of the lawsuit determined that the case is allowed to move forward. The lawsuit focused on several aspects of holiday pay, ranging from how they are paid, what is owed to them from holidays in the past, and how many people are owed money.
Wheeling attorney Teresa Toriseva represents the members of International Association of Fire Fighters (IAFF) Local 313.
“The court found unanimously 5–0 that Judge Gaujot errored in finding the state Wage and Payment Collection Act (WPCA) in West Virginia doesn’t apply,” Toriseva said. “The court found that it does and has sent the case back to Judge DeChristopher.”
The lawsuit filed by the International Association of Fire Fighters (IAFF) Local 313 on behalf of Morgantown firefighters claims that the city maintained a holiday pay structure that accounted for sixteen hours instead of the 24-hour structure explicitly stated in the WPCA. The State Supreme Court decision overturned the circuit court opinion that the WPCA did not apply to the lawsuit, which included up to five years in holiday day compensation. According to Toriseva, the ruling also overturns Gaujot’s opinion that included laches, a delay in the assertion of known rights from the firefighters, as a cause for the lawsuit’s dismissal. This will allow all the plaintiffs to receive interest and compensation to be paid on behalf of the city, which would account for the fees resulting from the lawsuit being dragged out by the city despite firm legislation.
“Now, the firefighters attorney fees are going to be paid ultimately by the public,” Toriseva said. “And the cost of the litigation is all borne by the employer to the extent they were wrong, and they were wrong here.”
The Supreme Court ruling also allowed for plaintiffs that were removed from the lawsuit to rejoin firefighters who are currently employed with the city. This was done as a result of the overruling of Gaujot’s decision, whose opinion on the WPCA jurisdiction would eliminate any right to compensation from the city. With the State Supreme Court ruling based on the WPCA, Toriseva expects former firefighters to rejoin the lawsuit that will account for over 50 city firefighters who claim to be greatly affected by city reactions over holiday pay irregularities.
“There were a number of retirees and separated firefighters that were dismissed from the lawsuit because of the way Judge Gaujot ruled,” Toriseva said. “They’re all reinstated back in the lawsuit with significant claims for attorney fees, costs, interest, and wages.”
An additional lawsuit that is based around retaliation from the city towards Morgantown firefighters is also back in play as a result of the State Supreme Court ruling. Originally affected by Gaujot’s ruling on the holiday pay lawsuit, the Supreme Court’s decision will move the retaliation lawsuit forward as originally filed with the original plaintiffs. This was determined to be under the provisions of the WPCA, which allows for a statute of limitations for claims for up to five years after they’ve taken place.
“That lawsuit will now also move forward because some of those claims were tied up in this first lawsuit,” Toriseva said. “So, there are actually two lawsuits that are shaking loose now against the city now that the appellate court has ruled.”
The first lawsuit was filed in June of 2019. Toriseva wants to work with first responders and the legislature to make permanent changes to the state code. Representatives from the IAFF Local 313 are already in talks with legislatures over the creation of a firm, 24-hour holiday pay scale, and three separate counties have moved forward on their own initiatives to adjust pay scales for local firefighters and police officers. With opinions from the State Supreme Court that mentioned legislation that could formalize what holiday pay would look like, there’s an expectation from Toriseva that these disputes could be settled in Charleston simultaneously as firefighter lawsuits are heard in Monongalia County Circuit Court.
“There’s all this gamesmanship going on about their wages, and it really comes down to a threat to public safety, which is what the legislature oversees,” Toriseva said. “So, there will be, I believe, a coalition of first responders seeking a legislative fix.”