OPINION ISSUED JULY 3, 1986
ROBERT B. MORRISON
DEPARTMENT OF MOTOR VEHICLES
Claimant appeared in person.
Robert D. Pollitt, Assistant Attorney General, for respondent.
Claimant Robert B. Morrison alleges that the sum of $2,989.50,
interest, is owing to him
with reference to his employment by the respondent, the Department
Motor Vehicles. On
November 1, 1980, then Commissioner Joseph Condry had advised him
salary increase of
$43.00 per month. The salary increase was processed and reflected
payroll and in a check
issued for the November 1 to November 15, 1980 pay period. However,
had been, in the meantime, disapproved. The check was not given to
claimant but was
redeposited. A supplementary payroll was prepared for the period,
payroll check given to
the claimant for a salary which did not include the salary
did his subsequent salary
checks include any increase until salary increases of July 1, 1981
July 1, 1984. His
employment by respondent was terminated, by his resignation,
October 16, 1984.
Claimant contends that the salary increase in question was not
taken away from him;
that he is entitled to the additional $43.00 per month for the
his continued employment
from November 1, 1980, plus interest.
The evidence disclosed that on or about November 12, 1980,
Joseph Condry as Commissioner of the Department of Motor Vehicles.
testified that, upon
assuming office, she had found on her desk an envelope containing
which indicated a
disapproval, by the Department of Finance and Administration, of
personnel actions pertaining to
three employees, one being the salary increase of the claimant;
then caused the
supplementary payroll to be prepared; that she was not the person
disapproved the salary
increase of the claimant.
Lowell D. Basford, acting director of the West Virginia Civil
System, testified that in
November of 1980 the claimant was an exempt employee, not covered
the civil service
regulations, simply serving at the will and pleasure of the
since claimant's rehiring
and reclassification in 1977.
It appears to the Court that the issue, as to the manner in which
claimant was denied the
salary increase, is moot. At the conclusion of claimant's evidence,
respondent moved the
Court to dismiss the action upon several grounds, one of which was
the effect that a two-year
statute of limitations barred the action. Claimant's Notice of
filed May 22, 1985,
about four and a half years after November 16, 1980, the date when
wrong, if in fact there
was a wrong, was committed. The two-year statute of limitations,
in West Virginia Code
55-2-12, is applicable. (Shillingburg v. Railroad Maintenance
entered November 15, 1985) This Court is prohibited from taking
jurisdiction of any claim
barred by such a limitation (W.Va. Code 14-2-21). Accordingly,
respondent's motion to dismiss
This claim is dismissed.