Database Search Result Details
|
First Name
|
Gary
|
|
Last Name
|
Spencer, Jr.
|
|
Decision Date
|
9/14/2018
|
|
Docket Number
|
2019-0091-AUD
|
|
ALJ
|
BTC
|
|
Respondent
|
State Auditor's Office
|
|
Employment Type
|
STATE
|
|
Job Title
|
Support Tech
|
|
Topics
|
Dismissed
|
|
Primary Issues
|
Whether this grievance must be dismissed for lack of jurisdiction and failure to state a claim.
|
|
Outcome
|
Dismissed; Lack of Jurisdiction
|
|
Statutes
|
W. Va. Code § 6C-2-1; W. Va. Code St. R. § 156-1-6.2 (2008); W. Va. Code § 6C-2-1(a)
|
|
Related Cases
|
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)
|
|
Keywords
|
Motion to Dismiss; Jurisdiction; At-Will Employee; Employer; Termination; Constitutional Officer; Failure to State a Claim
|
|
Intermediate Court of Appeals
|
|
|
Circuit Court
|
|
|
Supreme Court
|
|
|
Synopsis
|
Grievant was employed by the State Auditor’s Office and filed this grievance protesting the termination of his employment. The State Auditor is a constitutional officer and employees of constitutional officers are not entitled to the grievance procedure unless their employment is covered under the civil service system. In his statement of grievance, Grievant did not assert his employment was covered under the civil service system. Respondent, in its motion to dismiss asserted Grievant’s employment was at-will. Grievant failed to respond to dispute Respondent’s assertion that his employment was at will or to assert that his employment was covered under the civil service system. 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.
|
Back to Results
Search Again