Database Search Result Details
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First Name
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Filomena
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Last Name
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D'Alessio
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Decision Date
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12/21/2018
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Docket Number
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2018-1204-DOT
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ALJ
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LRB
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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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Administrative Service Assistant
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Topics
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Dismissed; Timeliness
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Primary Issues
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Whether the grievance was timely 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-2-4(a)(1); W. Va. Code § 6C-2-3(a)(1)
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Related Cases
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Harvey v. W. Va. Bureau of Emp’t Programs, Docket No. 96-BEP-484 (Mar. 6, 1998); Whalen v. Mason County Bd. of Educ., Docket No. 97-26-234 (Feb. 27, 1998); Goodwin v. Div. of Highways, Docket No. 2011-0604-DOT (March 4, 2011); Spahr v. Preston Cty. Bd. of Educ., 182 W. Va. 726, 730, 391 S.E.2d 739, 743 (1990); Payne v. Div. of Juvenile Serv., Docket No. 2017-1436-MAPS (May 8, 2017)
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Keywords
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Motion to Dismiss; Continuing Damage; Continuing Untimely Filed; Time Limits
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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 is employed by Respondent as an Administrative Service Assistant 2, Wellness Coordinator. In June 2017, Grievant was informed that she would have to vacate her office and that she would be moving to a different workspace. Grievant did not file this grievance until May 2018, almost a year after she was informed and/or became unequivocally aware of her change in work location. Respondent has proved by a preponderance of the evidence that this grievance was untimely filed. Accordingly, Respondent’s motion is granted, and this grievance is dismissed.
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