Database Search Result Details
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First Name
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Paula
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Last Name
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Cunningham
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Decision Date
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6/28/2018
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Docket Number
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2018-0535-DOT
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ALJ
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LGB
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Respondent
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Division of Motor Vehicles
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Employment Type
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STATE
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Job Title
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Customer Service Representative
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Topics
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Dismissed
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Primary Issues
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Whether Respondent established that this grievance is now moot.
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Outcome
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Dismissed; Moot
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Statutes
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156 C.S.R. 1 § 6.19 (2008)
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Related Cases
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Higginbotham v. W. Va. Dep’t of Public 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); Hicks v. Div. of Highways, Docket No. 2018-0824-DOT (May 30, 2018); Redman v. Div. of Corrections, Docket No. 2017-1349-MAPS (Feb. 1, 2017); 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 20, 2003); Compton v. Div. of Motor Vehicles, Docket No. 2018-0275-DOT (Feb. 22, 2018)
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Keywords
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Motion to Dismiss; Moot; Relief
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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 and filed the instant grievance contesting her non-selection for another position with Respondent. Following the filing of this grievance, Grievant’s employment was terminated by Respondent, and Grievant has not filed an appeal contesting her termination. Respondent filed a Motion to Dismiss this grievance as moot. Grievant was provided an opportunity to respond to the motion but failed to do so. As Grievant is no longer employed by Respondent, any relief she seeks would be speculative, and this grievance must accordingly be dismissed.
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