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WILSON v. MARION COUNTY HEALTH DEPT.

No. 27763.

542 S.E.2d 856 (2000)

208 W.Va. 693

Lillian WILSON, Grievant/Petitioner Below, Appellant, v. MARION COUNTY HEALTH DEPARTMENT, Respondent Below, Appellee.

Supreme Court of Appeals of West Virginia.

Decided December 5, 2000.

Dissenting Opinion of Justice McGraw January 16, 2001.

Attorney(s) appearing for the Case

Randy C. Kniha, Esq., Manchin & Aloi, Fairmont, West Virginia, Attorney for Appellant.

Frances C. Whiteman, Esq., Whiteman, Burdette & Radman, PLLC, Fairmont, West Virginia, Attorney for Appellee Marion County Health Department.

Darrell V. McGraw, Jr., Attorney General, Donald L. Darling, Senior Deputy Attorney General, Charleston, West Virginia, Attorneys for Division of Personnel.

PER CURIAM:

This is appeal by Lillian Wilson from an order of the Circuit Court of Marion County which affirmed a decision of the West Virginia Education and State Employees Grievance Board holding that the Marion County Health Department properly terminated Ms. Wilson's employment during a reduction in force. In rendering the decision, the circuit court, in effect, ruled that Ms. Wilson was not entitled to tenure credit for certain days while she was off work due...

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