Database Search Result Details

First Name Alisa
Last Name Sisley
Decision Date 10/31/2017
Docket Number 2017-2041-CONS
ALJ BTC
Respondent Department of Health and Human Resources/William R. Sharpe, Jr. Hospital
Employment Type STATE
Job Title
Topics Motion to Dismiss
Primary Issues Whether this grievance is moot.
Outcome Dismissed; Moot
Statutes W. Va. Code § 6C-2-1; W. Va. Code St. R. § 156-1-6.19
Related Cases Bragg v. Dep’t of Health & Human Res., Docket No. 03-HHR-348 (May 28, 2004); Burkhammer v. Dep’t of Health & Human Res., Docket No. 03-HHR-073 (May 30, 2003); Smith v. Lewis County Bd. of Educ., Docket No. 02-21-028 (June 21, 2002); Spence v. Div. of Natural Res., Docket No. 2010-0149-CONS (Oct. 29, 2009)
Keywords Motion to Dismiss; Resignation; Moot; Relief
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant grieved a coaching and “verbal” and an employee performance appraisal she received while she was employed by Respondent. Grievant did not assert she had lost any pay due to these issues. Following the filing of her grievances, Grievant resigned. Respondent moved to dismiss the grievance asserting mootness due to Grievant’s resignation. Grievant did not object to the dismissal of the grievance. Respondent proved the grievance is now moot. Accordingly, Respondent’s motion to dismiss should be granted, and this grievance, dismissed.

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