Database Search Result Details
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First Name
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Darvon
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Last Name
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Little
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Decision Date
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2/25/2019
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Docket Number
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2017-2212-WayED
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ALJ
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BTC
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Respondent
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Wayne County Board of Education
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Employment Type
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SERV
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Job Title
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Substitute Mechanic
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Topics
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Benefits
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Primary Issues
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Whether Grievant proved he was entitled to the benefits he seeks or reimbursement of the tax penalty he paid.
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Outcome
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Denied
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Statutes
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West Virginia Code § 18A-4-15(a)(2)(C)(i), (iii); W. Va. Code St. R. § 126-92-23 (2018)
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Related Cases
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Leichliter v. Dep't of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993), aff’d, Pleasants Cnty. Cir. Ct. Civil Action No. 93-APC-1 (Dec. 2, 1994); Liberty Univ., Inc. v. Geithner, 753 F. Supp. 2d 611, 618 (W.D. Va.), vacated on other grounds, Liberty Univ., Inc. v. Geithner, 753 F. Supp. 2d 611 (4th Cir. 2010)
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Keywords
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Substitute Employee; Tool Allowance; Uniforms; Benefits; Health Insurance; Tax Penalty; Policy
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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 is employed by Respondent as a substitute mechanic. Grievant grieves Respondent’s failure to provide him with certain benefits arguing he is entitled to the same due to the number of days he worked as a substitute, an agreement made between Respondent and its service personnel, and state board rule. Grievant also asserted he is entitled to reimbursement of the tax penalty he suffered because Respondent failed to provide him health insurance under the Affordable Care Act. Grievant failed to prove he was entitled to the benefits he seeks or reimbursement of the tax penalty. Accordingly, the grievance is denied.
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