Database Search Result Details
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First Name
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Leslie
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Last Name
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Bragg
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Decision Date
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10/29/2020
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Docket Number
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2021-0250-DOA
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ALJ
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BTC
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Respondent
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Public Employees Insurance Agency
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Employment Type
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STATE
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Job Title
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Topics
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Dismissed
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Primary Issues
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Whether the Grievance Board has jurisdiction to hear this matter and whether it was untimely.
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Outcome
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Untimely; Lack of Jurisdiction
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Statutes
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W. Va. Code § 6C-2-3(a)(1); W. Va. Code § 6C-2-4(a)(2)
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Related Cases
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Higginbotham v. W. Va. Dep't of Pub. Safety, Docket No. 97-DPS-018 (Mar. 31, 1997); McDaniel v. W. Va. Div. of Labor, 214 W. Va. 719, 591 S.E.2d 277 (2003)
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Keywords
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Motion to Dismiss; Employee; Employer; Time limits
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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 and voluntarily resigned her position. Respondent, in accepting the resignation, noted it was in the process of dismissing Grievant for misconduct at the time of her resignation, and that she would, therefore, be barred from using Respondent’s computer systems. Grievant asserts Respondent has harassed her in her new employment by denying her access to Respondent’s computer systems and Respondent has failed to properly and timely pay her final wages. Grievant also protests several other issues predating her resignation. Grievant’s claims regarding her resignation and from before her resignation are untimely and Grievant has failed to demonstrate a proper excuse for her untimely filing. The Grievance Board lacks jurisdiction to hear her claims of alleged harassment by Respondent in her new position or to address claims under the West Virginia Wage Payment and Collection Act. Accordingly, the grievance is dismissed.
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