Database Search Result Details
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First Name
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PATRICIA
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Last Name
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WOLFE
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Decision Date
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7/28/1989
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Docket Number
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T-88-011
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ALJ
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DC
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Respondent
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DEPARTMENT OF TAX AND REVENUE
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Employment Type
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STATE
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Job Title
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LEAD WORKER
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Topics
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SELECTION
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Primary Issues
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Misclassification; Back Pay; Timeliness
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Outcome
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DENIED
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Statutes
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29-6A-11
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Related Cases
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AFSCME IV; EPLING V. HEALTH
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Keywords
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Intermediate Court of Appeals
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Circuit Court
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Supreme Court
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Synopsis
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GRIEVANT APPLIED FOR A PROMOTION IN JANUARY 1988 AND WAS TOLD SHE DID NOT QUALIFY. IN JULY 1988, SHE BECAME AWARE OF A SLIGHTLY DIFFERENT VERSION OF THE VACANCY NOTICE FOR THE JOB TO WHICH SHE HAD SOUGHT PROMOTION; THIS VERSION, IN HER VIEW, SHOWED HER TO BE QUALIFIED. SHE ALSO CLAIMED MISCLASSIFICATION DUE TO HER SUPERVISOR'S EXTENDED ILLNESS AND GRIEVANT'S ASSUMPTION OF MANY OF HER DUTIES. GRIEVANT WAS 'LEAD WORKER' IN HER UNIT. DECISION: DENIED. AS TO THE APPLICATION, HER GRIEVANCE AROSE IN JANUARY 1988, AND THIS GRIEVANCE BOARD IS WITHOUT JURISDICTION OVER IT PER W.VA. CODE 29-6A-11. AS TO THE MISCLASSIFICATION, GRIEVANT DID NOT PERFORM ALL HER SUPERVISOR'S DUTIES AND ADMITTED THAT, AS LEAD WORKER, IT WAS HER JOB RESPONSIBILITY TO FILL IN FOR HER SUPERVISOR AS NEEDED.
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