Database Search Result Details

First Name Ashley
Last Name Simmons
Decision Date 3/8/2022
Docket Number 2021-1050-DHHR
ALJ WBM
Respondent Department of Health and Human Resources/Bureau for Public Health
Employment Type STATE
Job Title Epidemiologist II
Topics Dismissed; Moot
Primary Issues Whether this grievance is moot.
Outcome Moot
Statutes W. Va. Code § 6C-2-1
Related Cases Lewis v. Kanawha County Bd. of Educ., Docket No. 97-20-554 (May 27, 1998); Lowry v. W. Va. Dep’t of Educ., Docket No. 96-DOE-130 (Dec. 26, 1996); Hale v. Mingo County Bd. of Educ., Docket No. 95-29-315 (Jan. 25, 1996); 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); Pridemore v. Dep’t of Health & Human Res., Docket No. 95-HHR-561 (Sept. 30, 1996)
Keywords Motion to Dismiss; Moot; Relief; Remedy
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Ms. Simmons filed the present grievance in which she sought only “a change of supervisors as soon as possible.” The level three hearing was continued to see if Grievant would receive a position for which she had applied which was within the BPH with different supervisor. Grievant received and accepted such a position. Respondent argues that the grievance is now moot and should be dismissed. Respondent’s motion is granted.

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