Winbush v. Winston-Salem State University

N.C. Ct. App.July 20, 2004No. COA03-891Cited 5 times

Defendant WinWinston-Salem State University

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Case Details

Judge(s): Bryant, McCullough, Elmore
Status — whether other courts must follow this ruling: Published
Procedural Posture — the stage the case had reached: appeal

Related Laws

No specific laws identified for this ruling.

Claim Types

Wrongful Termination

Outcome

The appellate court reversed the superior court's decision, holding that the employee was neither discharged nor demoted but merely reassigned to different duties while maintaining his same paygrade and employment status, and therefore was not entitled to relief under the State Personnel Act.

Excerpt

1. Public Officers and Employees — university coach — jurisdiction to hear petition to reinstate duties The superior court did not err by concluding that the Office of Administrative Hearings (OAH) and State Personnel Commission (SPC) had jurisdiction to hear the petition seeking to reinstate petitioner's duties as Assistant Football Coach and Head Women's Softball Coach at Winston-Salem State University, because: (1) an employee petition filed with the OAH that alleges the employee has been dismissed, demoted, or suspended without just cause is sufficient to invoke the jurisdiction of the OAH and SPC; and (2) in this case petitioner alleged he had been discharged without just cause or reassigned without just cause when he was relieved of his athletic duties and privileges by respondent's Athletics Director, thus alleging a discharge or demotion. 2. Public Officers and Employees — university coach — demotion or discharge The superior court erred by concluding petitioner had been demoted or discharged from his coaching duties in violation of N.C.G.S. § 126-34.1(a)(1), because: (1) at most, the evidence shows a reassignment as petitioner claims to have lost his more significant coaching responsibilities; (2) a demotion is defined as a lowering in rank, position, or pay, and in the instant case petitioner's paygrade remained the same; and (3) as the promised raise in salary had not yet come into effect at the time of his reassignment, petitioner has also failed to show a demotion through a decrease in pay.

What This Ruling Means

**Winbush v. Winston-Salem State University: Coach's Reassignment Case** A university employee named Winbush worked as both an Assistant Football Coach and Head Women's Softball Coach at Winston-Salem State University. The university reassigned him to different duties, removing him from these coaching positions. Winbush argued this was wrongful termination and asked to be reinstated to his original coaching roles. The court ruled against Winbush. The appeals court found that he wasn't actually fired or demoted—he was simply reassigned to different work while keeping the same pay grade and employment status. Because his salary and overall job level stayed the same, the court determined this wasn't a termination or demotion that violated state employment laws. This case matters for public sector workers because it shows that employers can reassign employees to different duties as long as they maintain the same pay and employment level. Simply losing specific job responsibilities (like coaching duties) doesn't automatically count as wrongful termination if your core employment status remains unchanged. Workers facing reassignment should understand that courts may not consider it wrongful termination unless there's an actual reduction in pay, benefits, or employment status.

This summary was generated to explain the ruling in plain English and is not legal advice.

Browse more:Wrongful Termination cases

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