Database Search Result Details
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First Name
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Tommy
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Last Name
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Crabtree II
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Decision Date
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4/27/2018
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Docket Number
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2018-0960-AUD
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ALJ
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BTC
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Respondent
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State Auditor's Office
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Employment Type
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STATE
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Job Title
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Programmer Analyst II
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Topics
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Dismissed; Termination; Dismissal
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Primary Issues
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Whether the Grievance Board has jurisdiction in this matter.
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Outcome
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Dismissed; Lack of Jurisdiction
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Statutes
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W. Va. Code § 6C-2-1; W. Va. Code St. R. § 156-1-6.19
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Related Cases
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McDaniel v. W. Va. Div. of Labor, 214 W. Va. 719, 591 S.E.2d 277 (2003); Mountaineer Disposal Service, Inc. v. Dyer, 156 W. Va. 766, 197 S.E.2d 111 (1973)
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Keywords
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Termination; Motion to Dismiss; Jurisdiction; Constitutional Officer; At-Will Employee
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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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Grievant was employed by the State Auditor’s Office as an at-will employee. Grievant filed this grievance protesting the termination of his at-will employment. The Auditor is a constitutional officer and, as an at-will employee of a constitutional officer, Grievant is not an employee as defined by the grievance procedure statute. The Grievance Board lacks jurisdiction in this matter. Accordingly, the grievance must be dismissed.
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