Legal Opinion · Concurring in part, dissenting in part

Largent v. West Virginia Division of Health

West Virginia Supreme Court

Decided November 23, 1994No. 21864Published

1Concurring in part, dissenting in partMcHUGH, Justice

(Filed Nov. 23, 1994)

I concur with the majority opinion with regard to its general conclusions that state agencies may consider a broad range of factors when setting the salary of a new employee and that employees who are performing the same tasks with the same responsibilities should be placed within the same job classification. However, there is a lack of factual development in the majority opinion and, because of that lack of factual development, I am further of the opinion that syllabus point 4 of the opinion is overly broad and unjustified. For those reasons, I dissent.

The principle of…

2Cases cited8 opinions

  1. Atchinson v. ErwinWest Virginia Supreme Court · 1983
  2. American Federation of State, County & Municipal Employees v. CSC of W.Va.West Virginia Supreme Court · 1985
  3. American Federation of State, County and Municipal Employees v. Civil Service CommissionWest Virginia Supreme Court · 1984
  4. Donaldson v. GainerWest Virginia Supreme Court · 1982
  5. American Federation of State v. Civil Service Commission of West VirginiaWest Virginia Supreme Court · 1989

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