Database Search Result Details
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First Name
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Ernest
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Last Name
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Green
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Decision Date
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2/4/2020
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Docket Number
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2017-2506-CONS
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ALJ
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BTC
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Respondent
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General Services Division
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Employment Type
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STATE
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Job Title
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HVAC Technician
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Topics
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Dismissed
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Primary Issues
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Whether Respondent proved the grievance is now moot as Grievant is no longer an employee.
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Outcome
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Moot
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Statutes
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W. Va. Code St. R. § 156-1-3
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Related Cases
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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); 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); Miraglia v. Ohio County Bd. of Educ., Docket No. 92-35-270 (Feb. 19, 1993)
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Keywords
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Motion to Dismiss; Employee; Employee; Moot; Relief
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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 Respondent as HVAC Technician. Grievant filed the instant consolidated grievance alleging harassment, bullying, and retaliation by Grievant’s supervisor. The grievance does also protest a written warning, but no loss of pay accompanied that discipline. Subsequent to the filing of the instant grievance, Respondent terminated Grievant’s employment and the grievance protesting the termination has now been denied. Respondent proved the grievance is now moot as Grievant is no longer an employee. Accordingly, the grievance is dismissed.
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