Database Search Result Details
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First Name
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KAREN
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Last Name
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HART
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Decision Date
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5/31/1989
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Docket Number
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89-02-80
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ALJ
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SK
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Respondent
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BERKELEY COUNTY BOARD OF EDUCATION
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Employment Type
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PROF
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Job Title
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BAND DIRECTOR
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Topics
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COMPENSATION
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Primary Issues
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Recovery of back pay; Doctrine of Laches
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Outcome
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DENIED
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Statutes
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Related Cases
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357 S.E.2D 246 (W.VA. 1987)
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Keywords
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BACK PAY; LACHES
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Intermediate Court of Appeals
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Circuit Court
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Supreme Court
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Synopsis
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Grievant employed as band director and alleges violation of W.Va. Code 18A-4-5a as she had not received salary supplement for years 1977-87 paid other band directors. Although the Respondent Board voted to award her supplement retroactive to include the 87-88 school year, Grievant argues that as the supplement was not awarded through extra-curricular contracts and not published, she did not know she was entitled to it and had not purposefully delay seeking compensation.
DECISION: DENIED. Failure of an employee to confirm his proper salary over an extended period of time constitutes Laches and bars an aware of back pay.
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