Database Search Result Details
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First Name
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JOSEPH
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Last Name
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GARCIA
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Decision Date
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12/29/1987
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Docket Number
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25-87-274-3
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ALJ
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NK
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Respondent
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MARSHALL COUNTY BOARD OF EDUCATION
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Employment Type
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SERV
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Job Title
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CUSTODIAN
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Topics
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DISMISSAL
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Primary Issues
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Evaluations; Neglect of Duty; Probationary Employee
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Outcome
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DENIED
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Statutes
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18A-2-8
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Related Cases
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294 S.E.2D 155 (W.VA. 1982); 327 S.E.2D 155
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Keywords
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NEGLECT; ATTENDANCE; COMPLIANCE; ILLNESS; PROBATIONARY
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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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Excluding time off for work due to a work related injury, grievant's fifteen days of absences from March 1, 1987 through September 1987 exceeded the allowable one and one-half days per month or total 10.5 leave days he would acquire per W.Va. Code 18A-4-10. Grievant's high rate of absence in Sept 87, three and one-half days, did not demonstrate a commitment to honor his continuing promises to improve his job attendance. An employee who has been paid for unearned leave time must repay a school board if he leaves the Board's employ thus causing greater liability for the grievant. Gr's failure to keep his promise to resolve his personal difficulties and to significantly improve his attendance at work over a period of several years during which he was duly evaluated, admonished, counseled and given opportunity to improve amounted to willful neglect of his duties as a custodian.
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