Database Search Result Details
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First Name
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Maurice
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Last Name
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Samuel
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Decision Date
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8/2/2017
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Docket Number
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2017-2008-DHHR
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ALJ
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WBM
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Respondent
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Department of Health and Human Resources/Bureau for Children and Families
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Employment Type
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STATE
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Job Title
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Social Service Supervisor
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Topics
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Dismissed; Demotion
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Primary Issues
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Whether Grievant’s resignation from employment before this matter was resolved renders the grievance moot.
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Outcome
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Dismissed; Moot
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Statutes
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156 C.S.R. 1 § 156-1-6 6.21(2008)
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Related Cases
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Lewis v. Kanawha County Bd. of Educ., Docket No. 97-20-554 (May 27, 1998); Lowry v. W. Va. Dep’t of Educ., Docket No. 96-DOE-130 (Dec. 26, 1996); Hale v. Mingo County Bd. of Educ., Docket No. 95-29-315 (Jan. 25, 1996); Bragg v. Dep’t of Health & Human Res., Docket No. 03-HHR-348 (May 28, 2004); Komorowski v. Marshall County Bd. of Educ., W.Va. Sup. Ct. Memorandum Opinion No. 11-1659 and 11-1767 (Feb. 22, 2013); Muncy v. Mingo County Bd. of Educ., Docket No. 96-29-211 (Mar. 28, 1997); Wright v. Div. Motor Vehicles & Div. of Pers., Docket No. 2013-0714-DOT (Jul. 14, 2014)
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Keywords
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Demotion; Resignation; Lost Wages; Motion to Dismiss
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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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Respondent notes that Grievant resigned his position with the DHHR prior to the effective date of the demotion. Respondent argues that since Grievant is no longer a State employee and he suffered no loss of pay prior to his resignation, the matter is now moot. Grievant indicated that he wished to go forward with the grievance after his resignation to clear his name. There is no remaining remedy with can be granted by the Grievance Board after Grievant’s resignation which renders this matter moot.
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