Database Search Result Details
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First Name
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Jonathan
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Last Name
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Terry
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Decision Date
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10/19/2017
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Docket Number
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2018-0206-DOT
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ALJ
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WBM
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Respondent
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Parkways Authority
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Employment Type
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STATE
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Job Title
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Toll Collector
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Topics
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Dismissed; Termination; Dismissal
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Primary Issues
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Whether Grievant filed this grievance within the mandatory statutory time limit.
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Outcome
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Dismissed; Untimely
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Statutes
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W. Va. Code § 6C-2-4(a)(1); W. Va. Code R. § 156-1-2.1.4
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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); Harvey v. W. Va. Bureau of Employment Programs, Docket No. 96-BEP-484 (Mar. 6, 1998); Whalen v. Mason County Bd. of Educ., Docket No. 97-26-234 (Feb. 27, 1998)
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Keywords
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Termination; Statutory Time Limits; Motion to Dismiss
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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 asserts that the grievance filed in this matter was not filed within fifteen days of the date Grievant was unequivocally notified of Respondent’s action. Grievant was given an opportunity to respond to the Motion to Dismiss and chose not to do so. Respondent filed sufficient documentarian evidence to demonstrate that this grievance was not timely filed. Accordingly, the grievance is DISMISSED.
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