Database Search Result Details
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First Name
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April
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Last Name
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Palmer
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Decision Date
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6/30/2017
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Docket Number
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2017-2308-DHHR
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ALJ
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CHL
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Respondent
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Department of Health and Human Resources/Office of Human Resource Management
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Employment Type
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State
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Job Title
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Senior Staff Development Specialist
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Topics
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Dismissed
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Primary Issues
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Whether Respondent proved by a preponderance of the evidence that the grievance was untimely 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)(1); W. Va. Code § 6C-2-4(a)(2); W. Va. Code § 6C-2-2(c)
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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); aff’d, Circuit Court of Mason County, No. 96-C-02 (June 17, 1996); Ball v. Kanawha County Bd. of Educ., Docket No. 94-20-384 (Mar. 13, 1995); Woods v. Fairmont State Coll., Docket No. 93-BOD-157 (Jan. 31, 1994); Jack v. W. Va. Div. of Human Serv., Docket No. 90-DHS-524 (May 14, 1991); Harvey v. W. Va. Bur. 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); Goodwin v. Div. of Highways, Docket No. 2011-0604-DOT (Mar. 4, 2011); Payne v. Div. of Juvenile Serv., Docket No. 2017-1436-MAPS (May 8, 2017); Reeves v. Wood County Bd. of Educ., Docket No. 91-54-337 (Dec. 30, 1991)
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Keywords
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Motion to Dismiss; Timely; Working Days; Occurrence; Unequivocally; Excuse; Timeframe; Misleading; Effective Date
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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 filed a grievance challenging her dismissal from employment. Respondent has moved to dismiss the grievance as untimely as it was filed more than fifteen days following the occurrence of the event upon which the grievance is based. Grievant argues that the matter was timely filed, and that the dismissal letter prepared by Respondent was misleading. Respondent has proved by a preponderance of the evidence that the grievance was untimely filed. Grievant failed to demonstrate a proper basis to excuse her failure to file her grievance in a timely manner. Accordingly, Respondent’s Motion to Dismiss is granted, and this grievance is dismissed.
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