Hostile-workplace claims and false posts – see why the firing stood
On December 4, 2025, West Virginia’s appeals court upheld a police lieutenant’s firing over hostile-workplace misconduct and false, inflammatory social media posts.
The Intermediate Court of Appeals of West Virginia affirmed a circuit court ruling that backed the Westover Police Civil Service Commission’s decision to terminate Lieutenant Aaron Dalton from the City of Westover Police Department. The Commission reached its decision after multi-day hearings in 2023 that featured testimony from coworkers and city leaders describing a pattern of conduct that, according to witnesses, made the workplace hostile and threatening.
Witnesses told the Commission that Dalton’s behavior fostered a hostile environment: discriminatory remarks, threats toward colleagues, and intimidating gestures. The record also included testimony that he targeted specific coworkers with harassment, including comments about race and gender, and threatened physical violence. Separately, while suspended in 2021, Dalton posted on Facebook about colleagues – accusing one of theft, another of being unfit and mentally unstable, and another of being a pedophile and rapist who had been terminated elsewhere – allegations the department’s investigation determined were unfounded. The Commission concluded those posts alone constituted just cause for termination because they were intended to harm reputations and undermine public trust in the department. The appellate court found no basis to disturb those findings and affirmed.
Dalton argued that key workplace policies were not in effect when the conduct occurred and that he was denied due process. The Commission credited testimony that the policies were in place and known to employees, and the appellate court deferred to the Commission’s credibility determinations. The court also referenced established precedent that seriously wrongful conduct affecting the rights and interests of the public can warrant dismissal even if it is not a technical violation of a specific written policy.
He also argued that his firing was invalid because the mayor who approved the termination later testified he did not believe termination was warranted. The court rejected that argument. The record showed the mayor endorsed the recommendation at the time, issued the required notice, and took no official action to rescind it. Finally, Dalton sought backpay, asserting that a 2022 amended statement of charges rendered the original 2021 notice ineffective. The Commission and circuit court rejected that, finding the amendment added factual detail without new violations and related back to the original notice, leaving the original termination date – October 13, 2021– intact.
For HR professionals, the decision underscores the importance of thorough investigations, multiple corroborating witnesses, and consistent policy application. It also highlights the workplace impact of the Commission’s fact-finding shows that well-run internal processes – clear notice, consistent policies, and careful hearings – carry significant weight if later challenged.
Bottom line: the termination stands, and no backpay is awarded.
