Database Search Result Details
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First Name
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PAULINE
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Last Name
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DOLLISON
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Decision Date
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11/3/1989
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Docket Number
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89-ES-101
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ALJ
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DC
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Respondent
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DEPARTMENT OF EMPLOYMENT SECURITY
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Employment Type
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STATE
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Job Title
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ES TECH I
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Topics
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MISCLASSIFICATION
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Primary Issues
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Back Pay; Laches
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Outcome
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GRANTED
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Statutes
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29-6A-11;
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Related Cases
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AFSCME IV; AFSCME II; MAYNARD V. BOE OF WAYNE
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Keywords
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Intermediate Court of Appeals
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Circuit Court
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Respondent appealed to Kanawha County, 11/21/89, Civil Action #89-AA-220, Affirmed 1-10-91, Hey
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Supreme Court
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Synopsis
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Grievant claims misclassification since 1980. Respondent disputes this, but in any event, contends Laches operates to defeat this complaint. DECISION: GRANTED. Grievant has shown that her actual job duties more closely matched the Civil Service classification description for the higher-level Management Analyst II for most of the period in question. Respondent successfully showed that Grievant was without excuse in not earlier pursuing her case; however, it did not demonstrate prejudice, a required element of Laches.
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