WEST VIRGINIA CODE
WVC 18 A- 2 - 11
§18A-2-11. Employee's right to attorney's fees and costs.
If an employee shall appeal to a circuit court an adverse
decision of either a county board of education or of a hearing
examiner rendered in a grievance or other proceeding pursuant to
provisions of chapters eighteen and eighteen-a of this code and
such person shall substantially prevail, the adverse party or
parties shall be liable to such employee, upon final judgment or
order, for court costs, and for reasonable attorney's fees, to be
set by the court, for representing such employee in all
administrative hearings and before the circuit court and the
supreme court of appeals, and shall be further liable to such
employee for any court reporter's costs incurred during any such
administrative hearings or court proceedings:
Provided, That in no
event shall such attorney's fees be awarded in excess of a total of
one thousand dollars for the administrative hearings and circuit
court proceedings nor an additional one thousand dollars for
supreme court proceedings:
Provided, however, That the
requirements of this section shall not be construed to limit the
school employee's right to recover reasonable attorney's fees in a
mandamus proceeding brought under section eight, article four,
chapter eighteen-a of this code.
Note: WV Code updated with legislation passed through the 2012 1st Special Session