Database Search Result Details
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First Name
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RUTH
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Last Name
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JOHNSON
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Decision Date
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10/31/1989
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Docket Number
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89-VA-566
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ALJ
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DC
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Respondent
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DEPARTMENT OF VETERANS AFFAIRS
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Employment Type
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STATE
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Job Title
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Topics
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TIMELINESS
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Primary Issues
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Timeliness
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Outcome
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DISMISSED; UNTIMELY
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Statutes
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29-6A-3(A);29-6A-4(E)
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Related Cases
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Keywords
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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 TERMINATED IN SEPTEMBER 1988. SHE DID NOT FILE HER GRIEVANCE UNTIL LATE AUGUST 1989. RESPONDENT RAISED TIMELINESS AS A DEFENSE, BUT NOT UNTIL LEVEL IV HEARING. DECISION: DENIED. GRIEVANCE UNTIMELY. EVEN IF GRIEVANT'S CONTENTION THAT SHE DID NOT KNOW HOW TO GO ABOUT FILING A GRIEVANCE WHEN SHE WAS FIRED IS ACCEPTED AS RELEVANT, SHE WAS GIVEN THAT INFORMATION IN EARLY JUNE AND STILL WAITED ALMOST TWO MONTHS TO FILE. RESPONDENT'S MOTION TO DISMISS ON TIMELINESS WAS NOT MADE AS REQUIRED BY WVESEGB RULE 4.5 BUT WAS ALLOWED BECAUSE OF THE LONG PERIOD BETWEEN GRIEVANT'S FIRING AND HER FILING, AND SINCE RESPONDENT AGREED TO PAY GRIEVANT'S LEVEL IV EXPENSES. RELEVANT STATUTES: W.VA. CODE 29-6A-4(A), (E). GRIEVANT'S CODE 29-6A-3(A) ARGUMENT FAILS.
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