Database Search Result Details
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First Name
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Donna
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Last Name
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Joy
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Decision Date
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4/2/2021
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Docket Number
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2020-0644-JefED
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ALJ
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JSF
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Respondent
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Jefferson County Board of Education
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Employment Type
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PROF
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Job Title
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Teacher
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Topics
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Dismissal; Jurisdiction
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Primary Issues
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Whether this grievance is moot.
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Outcome
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Lack of Jurisdiction; Moot
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Statutes
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W. Va. Code St. R. § 156-1-6.19.3; W. Va. Code St. R. § 156-1-3
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Related Cases
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McDaniel v. W. Va. Div. of Labor, 214 W. Va. 719, 591 S.E.2d 277 (2003); Mountaineer Disposal Service, Inc. v. Dyer, 156 W. Va. 766, 197 S.E.2d 111 (1973); Muncy v. Mingo County Bd. of Educ., Docket No. 96-29-211 (Mar. 28, 1997); Wright v. Div. Motor Vehicles & Div. of Pers., Docket No. 2013-0714-DOT (Jul. 14, 2014); Burkhammer v. Dep't of Health & Human Res., Docket No. 03-HHR-073 (May 30, 2003); Pascoli & Kriner v. Ohio County Bd. of Educ., Docket No. 91-35-229/239 (Nov. 27, 1991)
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Keywords
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Motion to Dismiss; Jurisdiction; Resignation; Hostile Work Environment; 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 took extended FMLA leave for eight months prior to the end of her employment with Respondent. She alleges she did so to cope with the stress caused by Respondent’s harassment. While this grievance was pending, Grievant voluntarily resigned due to her election to Respondent’s Board of Education. Grievant requests reimbursement of unpaid time used for FMLA leave and that Respondent be prohibited from harassing her as a Board member. Grievant’s claim for lost wages is moot due to her voluntary resignation while her grievance was pending. Further, the Grievance Board lacks jurisdiction over a grievance from a member of Respondent Board of Education. Accordingly, this grievance is DISMISSED.
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