Database Search Result Details

First Name Lyn
Last Name Compton
Decision Date 2/22/2018
Docket Number 2018-0275-DOT
ALJ CHL
Respondent Division of Motor Vehicles
Employment Type STATE
Job Title Secretary
Topics Dismissed; Written Reprimand
Primary Issues Whether Respondent proved by a preponderance of the evidence that this grievance is now moot.
Outcome Dismissed; Moot
Statutes W. Va. Code § 6C-2-1; W. Va. Code ST. R. § 156-1-6.2 (2008); W. Va. Code § 6C-2-3(a)(1); W. Va. Code § 6C-2-4(a)(1)
Related Cases 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); Payne v. Mason County Bd. of Educ., Docket No. 96-26-047 (Nov. 27, 1996); Trickett v. Preston County Bd. of Educ., Docket No. 95-39-413 (May 8, 1996); 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); Pridemore v. Dep't of Health & Human Res., Docket No. 95-HHR-561 (Sept. 30, 1996); Pritt, et al., v. Dep’t of Health & Human Res., Docket No. 2008-0812-CONS (May 30, 2008); Muncy v. Mingo County Bd. of Educ., Docket No. 96-29-211 (Mar. 28, 1997); Nestor v. Dep’t of Health & Human Res./Hopemont Hosp., Docket No. 2012-0149-CONS (Dec. 4, 2012); Dooley v. Dep’t of Transp., Docket No. 94-DOH-255 (Nov. 30, 1994); Pascoli & Kriner v. Ohio County Bd. of Educ., Docket No. 91-35-229/239 (Nov. 27, 1991); Priest v. Kanawha County Bd. of Educ., Docket No. 00-20-144 (Aug. 15, 2000); McDaniel v. W. Va. Div. of Labor, 214 W. Va. 719, 591 S.E.2d 277 (2003); Spahr v. Preston County Bd. of Educ., 182 W. Va. 726, 730, 391 S.E.2d 739, 743 (1990); Duruttya v. Board of Educ., 181 W.Va. 203, 382 S.E.2d 40 (1989); Hale v. Mingo County Bd. of Educ., 199 W. Va. 387, 484 S.E.2d 640 (1997); Lough v. Dep’t of Health & Human Res., Docket No. 99-HHR-323 (Aug. 29, 2000); Messer v. Mingo County Bd. of Educ., Docket No. 00-29-332 (May 16, 2001); Keller v. Dept. of Transp./Div. of Highways, Docket No. 2009-1440-DOT (Sept. 8, 2010); Smith v. Dep’t of Health & Human Res./Lakin Hosp., Docket No. 2014-0320-DHHR (June 17, 2014)
Keywords Motion to Dismiss; Written Reprimand; Probationary Employee; Dismissal; Moot; Advisory Opinion; Substantial Compliance; Suspended; Discipline; Quagmire
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant was a probationary employee. She filed a grievance challenging a written reprimand she received from Respondent for poor work performance. While her grievance was pending at level two, approximately two months after receiving the written reprimand, Respondent dismissed Grievant due to unsatisfactory work performance. The issue of the written reprimand is now moot. Grievant did not file a grievance challenging her dismissal. Grievant asserts that it was not necessary for her to file a separate grievance to challenge her dismissal, and that she substantially complied with the grievance procedure. Grievant was required to file a separate grievance challenging her dismissal, and she did not substantially comply with the grievance procedure. Accordingly, this grievance is dismissed.

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