Database Search Result Details
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First Name
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Toniqra
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Last Name
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Payne
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Decision Date
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5/8/2017
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Docket Number
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2017-1436-MAPS
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ALJ
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BTC
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Respondent
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Division of Juvenile Services
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Employment Type
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STATE
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Job Title
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Correctional Counselor II
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Topics
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Dismissed; Timeliness
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Primary Issues
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Whether this grievance was timely filed.
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Outcome
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Dismissed; Untimely
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Statutes
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W. Va. Code § 6C-2-3(a)(1); W. Va. Code § 6C-2-4(a)(2)
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Related Cases
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Higginbotham v. W. Va. Dep't of Pub. Safety, Docket No. 97-DPS-018 (Mar. 31, 1997); Sayre v. Mason County Health Dep't, Docket No. 95-MCHD-435 (Dec. 29, 1995); Harvey v. W. Va. Bureau of Empl. Programs, Docket No. 96-BEP-484 (Mar. 6, 1998); Whalen v. Mason County Bd. of Educ., Docket No. 97-26-234 (Feb. 27, 1998); Reeves v. Wood County Bd. of Educ., Docket No. 91-54-337 (Dec. 30, 1991); Harris v. Lincoln County Bd. of Educ., Docket No. 89-22-49 (Mar. 23, 1989); Buck v. Wood County Bd. of Educ., Docket No. 96-54-325 (Feb. 28, 1997)
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Keywords
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Timeliness; Motion to Dismiss; Time Limits; Grievance Filing
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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 was employed by Respondent, Division of Juvenile Services, as a Correctional Counselor II. Grievant was dismissed from employment by letter dated September 27, 2016. Grievant filed this grievance challenging her dismissal on December 29, 2016. Respondent moved to dismiss the grievance as untimely. Grievant claimed she did not understand the grievance procedure. Grievant failed to file her grievance within the statutory time-limit and ignorance of the grievance procedure does not excuse the untimely filing. Accordingly, the grievance is dismissed.
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