details - Public Grievance Board

First Name	Brian
Last Name	Scott
Decision Date	9/19/2018
Docket Number	2017-2505-CONS
ALJ	BTC
Respondent	Mason County Board of Education
Employment Type	PROF
Job Title	Teacher/Coach
Topics	Dismissed
Primary Issues	Whether this grievance is moot due to Grievant’s resignation from employment.
Outcome	Dismissed; Moot
Statutes	W. Va. Code St. R. § 156-1-6.19 (2018); W. Va. Code St. R. § 156-1-6.19.2; W. Va. Code § 6C-2-1(a); W. Va. Code § 6C-2-2(g)
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); Miraglia v. Ohio County Bd. of Educ., Docket No. 92-35-270 (Feb. 19, 1993); Baker v. Bd. of Directors, Docket No. 97-BOD-265 (Oct. 8, 1997); McDaniel v. W. Va. Div. of Labor, 214 W. Va. 719, 591 S.E.2d 277 (2003)
Keywords	Motion to Dismiss; Employee; Employer; Negative Comments; Moot; Relief
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis	Grievant was employed by Respondent as a Teacher and Coach. Grievant filed consolidated grievances protesting the alleged improper conduct of his school principal. Grievant resigned his employment and is now employed by another county school board. Respondent moved to dismiss the grievance as moot. Grievant asserted the grievance was not moot as he alleged his former school principal has continued to make negative comments about Grievant to employees of his current employer. Grievant cannot pursue allegations against his former principal for her current conduct in making negative comments to Grievant’s new employer through this grievance against Respondent as he is no longer an employee of Respondent. The grievance is moot due to Grievant’s resignation from employment and must be dismissed. Accordingly, the grievance is dismissed.

Database Search Result Details