Database Search Result Details
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First Name
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JOHNNY
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Last Name
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MAYO
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Decision Date
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8/31/1988
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Docket Number
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17-88-014-2
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ALJ
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SK
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Respondent
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HARRISON COUNTY BOARD OF EDUCATION
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Employment Type
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SERV
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Job Title
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DIRECTOR OF BUILDINGS AND GROUNDS
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Topics
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TIMELINESS
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Primary Issues
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Maximum Allowable Compensation; Laches
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Outcome
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DENIED
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Statutes
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18A-4-8a
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Related Cases
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357 S.E.2D 246 (W.VA. 1987); EARLS V. CABELL COUNTY; ZBAN V CABELL CBOE; SPAHR, ET AL. V. PRESTON CBOE
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Keywords
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INCREMENT; LEGISLATIVE; OVERPAY; TIMELINESS; LACHES
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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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While holding the title of director, the grievant's salary was computed on the professional salary scale with an administrative supplement. Effective the 84-85 school term, service personnel were awarded a legislative salary increase. Grievant claims he was not credited with the increase. At some point during this time period the Grievant inquired about the service personnel salary increases and was advised that he was paid on the professional salary scale and was actually overpaid. Grievance denied. When an employee is aware of a possible violation of his rights and does not timely pursue a resolution of the matter or show valid reason for a delay in excess of the timelines for filing a grievance such matter is untimely and barred by the doctrine of Laches as a matter of law. Grievance rights must be exercised with particular diligence when the employee seeks to exert a right to public funds.
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