details - Public Grievance Board

First Name	Michael
Last Name	Terango
Decision Date	2/21/2023
Docket Number	2023-0229-LewED
ALJ	RLR
Respondent	Lewis County Board of Education
Employment Type	PROF
Job Title	Teacher
Topics	Dismissed; Lacks Standing
Primary Issues	Whether Respondent has proven by a preponderance of the evidence that Grievant resigned his employment by mutual agreement, and therefore lacks standing before the Public Employees Grievance Board.
Outcome	Lack of Standing
Statutes	W. Va. Code § 6C-2-1(a); W. Va. Code § 6C-2-2(a)(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); Wilson v. Dep’t of Health and Human Res., Docket No. 2011-1769-DHHR (Oct. 31, 2011); Fizer v. Dep’t of Health and Human Res., Docket No. 2008-1698-DHHR (Mar. 4, 2009); Bragg v. Dep’t of Health and Human Res., Docket No. 03-HHR-348 (May 28, 2004)
Keywords	Motion to Dismiss; Resignation; Mutual Agreement; Employee; Employer; Employment Agreement
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis	Grievant was employed by the Lewis County Board of Education as a classroom teacher during the 2021-22 school year. On February 1, 2022, Grievant entered into an agreement that provided he resign his employment effective at the conclusion of the 2021-2022 contract year. Respondent acknowledged that it neglected to fulfill a term of the agreement. Grievant indicated that Respondent failed to make a payment in satisfaction of this term in his level two appeal. Upon receipt of the level two appeal, Respondent satisfied the neglected term of the agreement which led Grievant to depart from employment. Respondent has established by a preponderance of the evidence that Grievant is no longer an employee of the Lewis County Board of Education. Grievant lacks standing before the West Virginia Public Employees Grievance Board.

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