Database Search Result Details

First Name Dana
Last Name Smith
Decision Date 6/14/2017
Docket Number 2016-1877-LinED
ALJ LRB
Respondent Lincoln County Board of Education
Employment Type PROF
Job Title Director
Topics Dismissed
Primary Issues Whether grievance was timely filed.
Outcome Dismissed; Untimely
Statutes W. Va. Code § 6C-2-1; W. Va. Code § 6C-2-3(a)(1); W. Va. Code § 6C-2-4(a)(1); W. Va. Code § 18-29-4
Related Cases Craig v. Dep't of Health & Human Res., Docket No. 98-HHR-334 (June 24, 1999); Hale and Brown v. Mingo County Bd. of Educ., Docket No. 95-29-315 (Jan. 25, 1996); Rose v. Raleigh County Bd. of Educ., 199 W. Va. 220, 483 S.E.2d 566 (1997); Naylor v. W. Va. Human Rights Comm'n, 180 W. Va. 634, 378 S.E.2d 843 (1989); Spahr v. Preston Co. Bd. of Educ., [182 W. Va. 726,] 391 S.E.2d 739 (1990); Nutter v. W. Va. Dep’t of Health & Human Res., Docket No. 94-HHR-630 (Mar. 23, 1995); Jones v. Div. of Reh. Srvcs, Docket No. 00-RS-046 (June 22, 2000)
Keywords Motion To Dismiss; Untimely Filed; Continuing Damage; Salary
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant was employed by Respondent, Lincoln County Board of Education. Grievant first filed this grievance on June 30, 2016, challenging salary determinations dating as far back as fifteen to seventeen years ago. Grievant has now retired and contesting prior salary determinations. It is established that this grievance was not timely filed, and Grievant has not offered any lawfully adequate justification or excuse for the extreme delay. This grievance is DISMISSED.

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