Database Search Result Details
|
First Name
|
Robert
|
|
Last Name
|
Fox
|
|
Decision Date
|
8/21/2018
|
|
Docket Number
|
2018-0888-MAPS
|
|
ALJ
|
JSF
|
|
Respondent
|
Division of Corrections/Huttonsville Correctional Center and Division of Personnel
|
|
Employment Type
|
STATE
|
|
Job Title
|
Correctional Program Specialist
|
|
Topics
|
Dismissed
|
|
Primary Issues
|
Whether Respondent proved this grievance is moot due to Grievant’s resignation.
|
|
Outcome
|
Dismissed; Moot
|
|
Statutes
|
W. Va. Code § 6C-2-1; 156 C.S.R. 1 § 6.2
|
|
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); Pridemore v. Dep’t of Health & Human Res., Docket No. 95-HHR-561 (Sept. 30, 1996); 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; Employee; Moot; Relief
|
|
Intermediate Court of Appeals
|
|
|
Circuit Court
|
|
|
Supreme Court
|
|
|
Synopsis
|
Respondent moved to dismiss this grievance, asserting mootness due to Grievant’s resignation from employment with the Respondent. Respondent persuasively asserted that there is no basis for this Board to entertain a grievance about denial of consideration for a promotion at an agency for which Grievant no longer works. Grievant did not file a response. His wife did inform the Board by phone that Grievant is employed elsewhere and does not wish to pursue the grievance. Respondent established that the grievance is now moot in that Grievant resigned from employment with the agency. Accordingly, Respondent’s motion to dismiss should be granted and this grievance dismissed.
|
Back to Results
Search Again