Former employee says he was fired without explanation
A former Potomac State College employee is suing over violations of West Virginia’s whistleblower law.
Mark Tyler filed the suit, which names the WVU Board of Governors and Potomac State College, in Monongalia County Circuit Court this week.
The suit seeks back pay, front pay, compensatory damages for physical, emotional and mental distress, humiliation, anxiety, embarrassment, depression, aggravation, annoyance and inconvenience he suffered as a result of the defendants “discriminatory and unlawful conduct.” The suit also requests out-of-pocket losses, interest on any and all damages, punitive damages and litigation costs.
“WVU does not discuss pending litigation,” WVU spokesperson John Bolt said.
Tyler, 49, is a veteran and started working as a facilities manager at the Potomac State campus in October 2018, according to the suit.
Not long after, Samantha Ashby, an administrative associate, approached Tyler and raised concerns about waste and wrongdoing related to the mishandling of public funds at Potomac State, the suit said. Specifically, Ashby said a contractor, which is not identified in the suit, was not required to follow the same processes and procedures as other contractors. Ashby showed Tyler evidence, including improper invoicing, overcharging and billing by the contractor.
After that conversation, the contractor was suggested for a project on Potomac State’s campus, during a meeting including Tyler, Ashby, President Dr. Jennifer Orlikoff of Potomac State and Carol Combs, a supervisor to Tyler and Ashby, according to the suit.
Ashby formally reported her concerns about the waste or wrongdoing involving the contractor at that meeting and said she believed there may be a misuse of public funds or a kickback related to payments made to the contractor, the suit said.
After the meeting, Combs took written disciplinary action against Ashby, which Tyler objected to on the grounds that it was “inaccurate and misleading” Tyler was then harassed and treated differently at work by Combs, causing him to file an internet employment grievance for a hostile work environment, according to the suit.
Tyler was contacted by officials from WVU’s Morgantown campus, who claimed to be investigating the claims regarding the contractor, and cooperated with the investigation, the suit said.
Ashby filed a complaint with the West Virginia Public Employees Grievance Board, over the defendant’s conduct after her report, and Tyler submitted an affidavit in connection with those proceedings, the suit said.
Tyler said in March, he and Orlikoff went to look at an asphalt job — the one which had invoiced flagged by Ashby prior to her termination — completed by the contractor.
“While we were looking at the asphalt job, I asked Jennifer why no one had done anything about the contractor if they knew it was going on. She didn’t have an answer for me,” the affidavit said.
Tyler was fired, without explanation, on June 6, according to the suit.
Ashby has also filed a lawsuit and it is ongoing.
