Database Search Result Details
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First Name
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Lisa
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Last Name
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Billups
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Decision Date
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4/12/2024
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Docket Number
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2024-0099-DOR
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ALJ
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BTC
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Respondent
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Department of Revenue/Tax Division
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Employment Type
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STATE
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Job Title
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Administrative Services Manager 2
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Topics
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Dismissal--moot and untimely
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Primary Issues
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Whether Grievant's claims of harassment and retaliation are now moot given her resignation.
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Outcome
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Dismissed
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Statutes
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W. VA. CODE ST. R. § 156-1-6.19 (2018); W. VA. CODE ST. R. § 156-1-6.19.2; 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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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); Pritt, et al., v. Dep’t of Health & Human Res., Docket No. 2008-0812-CONS (May 30, 2008); Smith v. Lewis County Bd. of Educ., Docket No. 02-21-028 (June 21, 2002); Spence v. Div. of Natural Res., Docket No. 2010-0149-CONS (Oct. 29, 2009); Priest v. Kanawha County Bd. of Educ., Docket No. 00-20-144 (Aug. 15, 2000)
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Keywords
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Moot; untimely; harassment; retaliation
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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 as an Administrative Services Manager 2. Grievant alleged harassment and retaliation. Grievant sought for the harassment, retaliation, and computer monitoring to cease. The grievance was dismissed at level one. In her appeal of the level one dismissal order, Grievant attempted to add untimely claims protesting a written warning, the failure to grant a discretionary pay increase, and constructive discharge. Grievant has now resigned from her position. The grievance is moot. Accordingly, the grievance is dismissed.
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