Legal Opinion
Daniel v. St. Thomas Dairies, Inc.
Supreme Court of The Virgin Islands
Decided June 12, 1992No. Civil No. 459/1990PublishedCited by 4 opinions
1Opinion of the CourtHodge, Presiding Judge
MEMORANDUM OPINION
The issue before the Court is whether an employee who elects to file an administrative claim for wrongful discharge with the Department of Labor may file a wrongful discharge complaint in court while his administrative claim is pending.
For the following reasons, the court holds that he may not do so, and will therefore grant defendant's motion to dismiss for lack of subject matter jurisdiction.
FACTS
Plaintiff, Julio L. Daniel ("Plaintiff"), started work with defendant, St. Thomas Dairies, Inc. ("St. Thomas Dairies") on March 20, 1978. At the time of his termination on May 3,…
2Cases cited3 opinions
- Aircraft & Diesel Equipment Corp. v. HirschSupreme Court of the United States · 1947
- Maria Heywood v. Cruzan Motors, IncCourt of Appeals for the Third Circuit · 1986
- Diaz v. Pueblo International, Inc.Supreme Court of The Virgin Islands · 1988
3Cited by4 opinions
- William Nickeo v. Virgin Islands Telephone Corp.Court of Appeals for the Third Circuit · 1994
- Bachelor v. Pitt Des-Moines, Inc.Supreme Court of The Virgin Islands · 2003
- In Re Recusal MotionDistrict Court, Virgin Islands · 2000
- Nickeo v. V.I. Tel. Corp.Court of Appeals for the Third Circuit · 1994