Harris v. Virginia State Corp.

By JUDGE MELVIN R. HUGHES, JR.

This case presents the question of whether the plaintiff can have the court issue a writ of mandamus to the State Corporation Commission requiring it to provide an employment grievance procedure. For purposes of deciding the issue on demurrer, the following facts are taken as given.

On February 3, 1989, plaintiff, Evelyn B. Harris, was notified by the State Corporation Commission ("SCC") that she was being terminated as an employee. Plaintiff filed a grievance with the SCC under Virginia Code Section 2.1-114.5:1, which provides the procedure for state employee…