Database Search Result Details
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First Name
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Antonio
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Last Name
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Hines
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Decision Date
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1/12/2018
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Docket Number
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2018-0723-DOC
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ALJ
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BTC
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Respondent
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Division of Natural Resources
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Employment Type
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STATE
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Job Title
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Accounting Technician III
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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 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 St. R. § 156-1-6.11
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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); 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); Palmer v. Dep’t of Health & Human Res., Docket No. 2017-2308-DHHR (June 30, 2017)
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Keywords
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Termination; Motion to Dismiss; Time Lines; Untimely; Remedy
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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 as an Accounting Technician 3. Grievant grieved his termination from employment. Respondent moved to dismiss the grievance as untimely-filed and because Grievant had requested a remedy wholly unavailable through the grievance process. The grievance was untimely-filed and Grievant offered no excuse for the untimely filing. The only remedy Grievant sought was employment with an agency other than Respondent, which is a remedy wholly unavailable through the grievance process. Accordingly, the grievance is dismissed.
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