Database Search Result Details
|
First Name
|
Georgetta
|
|
Last Name
|
Bradstreet
|
|
Decision Date
|
2/26/2020
|
|
Docket Number
|
2019-0391-WVU
|
|
ALJ
|
JSF
|
|
Respondent
|
West Virginia University
|
|
Employment Type
|
HE
|
|
Job Title
|
Statewide Forensic Coordinator
|
|
Topics
|
Contract
|
|
Primary Issues
|
Whether this grievance was timely filed.
|
|
Outcome
|
Denied; Untimely
|
|
Statutes
|
W. Va. Code § 6C-2-4; W. Va. Code § 6C-2-3(a)(1)
|
|
Related Cases
|
Sayre v. Mason County Health Dep't, Docket No. 95-MCHD-435 (Dec. 29, 1995), aff'd, Circuit Court of Mason County, No. 96-C-02 (June 17, 1996); Ball v. Kanawha County Bd. of Educ., Docket No. 94-20-384 (Mar. 13, 1995); Harvey v. W. Va. Bureau of Empl. Programs, Docket No. 96-BEP-484 (Mar. 6, 1998); Whalen v. Mason County Bd. of Educ., Docket No. 97-26-234 (Feb. 27, 1998); Spahr v. Preston County Bd. of Educ., 182 W. Va. 726, 730, 391 S.E.2d 739, 743 (1990); Gaskins v. W. Va. Dep't of Health, Docket No. 90-H-032 (Apr. 12, 1990); Lynch v. W. Va. Dep't of Transp., Docket No. 97-DOH-060 (July 16, 1997)
|
|
Keywords
|
Timelines; Contract; Retirement; Insurance Coverage; Harassment; Discrimination
|
|
Intermediate Court of Appeals
|
|
|
Circuit Court
|
|
|
Supreme Court
|
|
|
Synopsis
|
Grievant was employed by WVU in a non-tenure track position through annual contracts for nine years. Each annual contract ended on June 30th. On July 3, 2018, WVU informed Grievant it was not renewing her contract but that it was extending her employment until August 31, 2018. Grievant waited until after her final day to file this grievance. WVU alleges untimely filing, asserting that Grievant should have determined the filing deadline using the day she was informed of her non-renewal rather than her final day of employment. Grievant counters that she thought it was possible WVU would reverse her non-renewal before her final day. Grievant further contends she experienced harassment, retaliation, and discrimination between the day she was informed of her non-renewal and her final day. Grievant asserts that this entitles her to reinstatement and renewal for public policy reasons. She also claims that WVU failed to adequately supervise her over the course of her employment, did not inform her of her non-renewal before her contract expired, and caused her to lose COBRA coverage by processing her as retired. WVU proved untimely filing on all claims except pertaining to processing Grievant as retired. Grievant failed to prove a proper basis to excuse her untimely filing and failed to prove loss of COBRA coverage. Accordingly, this grievance is DENIED, in part, and DISMISSED, in part.
|
Back to Results
Search Again