Database Search Result Details
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First Name
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Tamika
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Last Name
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Robertson
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Decision Date
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8/17/2016
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Docket Number
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2016-1768-DHHR
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ALJ
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LGB
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Respondent
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Department of Health and Human Resources/Bureau for Children and Families
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Employment Type
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STATE
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Job Title
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Child Protective Service Worker
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Topics
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Dismissed; Termination; Dismissal
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Primary Issues
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Whether Respondent established by preponderant evidence that Grievant failed to properly file her grievance within the time limits.
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Outcome
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Dismissed; Untimely
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Statutes
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W. Va. Code § 6C-2-1; W. Va. Code § 6C-2-3(a)(1)
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Related Cases
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Weaver v. Dep’t of Health & Human Res., Docket No. 2014-0861-DHHR (Mar. 30, 2015); Butts v. Higher Educ. Interim Governing Bd., Docket Nos. 01-HE-021 & 01-HEPC-515 (Oct. 31, 2001); Higginbotham v. W. Va. Dep’t of Pub. Safety, Docket No. 97-DPS-018 (Mar. 31, 1997); Whalen v. Mason County Bd. of Educ., Docket No. 97-26-234 (Feb. 27, 1998); Kessler v. W. Va. Dep’t of Transp., Docket No. 96-DOH-445 (July 28, 1997)
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Keywords
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Termination; Motion to Dismiss; Misconduct; Untimely; Statutory Time Limit
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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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Respondent established by preponderant evidence that Grievant failed to file her grievance challenging her termination within the time limits established by statute. Grievant failed to establish any circumstance excusing her failure to file a timely grievance. Therefore, Respondent’s Motion to Dismiss must be granted.
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