Database Search Result Details

First Name KAREN
Last Name HART
Decision Date 5/31/1989
Docket Number 89-02-80
ALJ SK
Respondent BERKELEY COUNTY BOARD OF EDUCATION
Employment Type PROF
Job Title BAND DIRECTOR
Topics COMPENSATION
Primary Issues Recovery of back pay; Doctrine of Laches
Outcome DENIED
Statutes
Related Cases 357 S.E.2D 246 (W.VA. 1987)
Keywords BACK PAY; LACHES
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis 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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