Database Search Result Details
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First Name
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Thomas
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Last Name
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Ratliff
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Decision Date
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11/27/2018
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Docket Number
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2018-1158-GSC
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ALJ
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WBM
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Respondent
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Glenville State College
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Employment Type
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HE
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Job Title
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Director
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Topics
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Resignation
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Primary Issues
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Whether Grievant voluntarily resigned his position.
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Outcome
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Granted
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Statutes
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Related Cases
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Hess v. Div. of Corr., Docket No. 2015-0080-MAPS; Spence v. Dep’t of Health & Human Ser., Docket No. 2012-0026-DHHR (Jan. 17, 2013); Hale-Smith v. Mingo County Bd. of Educ., Docket No. 98-29-075 (Sept. 30, 1998); W. Va. Dep't of Envtl. Prot. v. Falquero, 746, 228 W. Va. 773, 724 S.E.2d 744 (2012); Waite v. Civil Service Commission, 161 W.Va. 154, 241 S.E.2d 164 (1977); W. Va. Dep't of Envtl. Prot. v. Falquero, 746, 228 W. Va. 773, 724 S.E.2d 744 (2012)
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Keywords
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Resignation; Voluntarily; At-Will Position; Classification
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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 Grievant voluntarily resigned his employment and Respondent accepted the same by letter dated April 19, 2018. Grievant counters that he did not resign from his employment. Alternatively, Grievant asserts that if it is found that his resignation was voluntarily given, that Grievant rescinded the same before Respondent had clearly communicated acceptance of the same or acted in good faith reliance upon the resignation. Grievant further asserts that he had contractual reversionary rights to move from his at-will position to a classified position and that these rights were denied. Given the totality of the evidence, Grievant proved that he did not resign from his position with Glenville State College. Therefore, the grievance is GRANTED.
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