Database Search Result Details
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First Name
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Meghan
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Last Name
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Hutchinson
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Decision Date
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3/14/2018
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Docket Number
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2018-0804-DOT
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ALJ
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BTC
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Respondent
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Division of Highways
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Employment Type
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STATE
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Job Title
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ESS
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Topics
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Dismissed; Moot
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Primary Issues
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Whether this grievance is moot because Grievant is no longer employed by Respondent.
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Outcome
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Dismissed; Moot
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Statutes
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W. Va. Code § 6C-2-1; 156 C.S.R. 1 § 6.2 (2008); W. Va. Code St. R. § 156-1-6.19.2
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Related Cases
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Bragg v. Dep’t of Health & Human Res., Docket No. 03-HHR-348 (May 28, 2004); Burkhammer v. Dep’t of Health & Human Res., Docket No. 03-HHR-073 (May 30, 2003); Muncy v. Mingo County Bd. of Educ., Docket No. 96-29-211 (Mar. 28, 1997); Wright v. Div. [of] Motor Vehicles & Div. of Pers., Docket No. 2013-0714-DOT (Jul. 14, 2014)
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Keywords
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Motion to Dismiss; Employee; Harassment; Relief; Moot
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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 grieved the alleged violation of the prohibited workplace harassment policy by her former supervisor. Respondent moved to dismiss the grievance asserting mootness as Grievant was no longer an employee. Grievant failed to respond to the motion to dismiss despite notice and opportunity to be heard. As the grievance only involves conditions of employment, Respondent proved the grievance is now moot. Accordingly, Respondent’s motion to dismiss should be granted, and this grievance, dismissed.
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