Database Search Result Details
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First Name
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Robin
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Last Name
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Perdue
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Decision Date
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1/30/2019
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Docket Number
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2018-0421-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 Services Assistant I
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Topics
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Job Duties; Harassment
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Primary Issues
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Whether Grievant proved by a preponderance of the evidence that she was functionally demoted or that Respondent’s actions were arbitrary and capricious.
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Outcome
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Denied
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Statutes
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W. Va. Code § 6C-2-2(l); W. Va. Code St. R. § 143-1-11.4
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Related Cases
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Sellers v. Wetzel County Bd. of Educ., Docket No. 97-52-183 (Sept. 30, 1997); Dudley v. Bureau of Senior Serv., Docket No. 01-BSS-092 (July 16, 2001); Gillispie v. Dep’t of Corrections, [Docket No.] 89-CORR-105 (Aug. 29, 1989); Morris v. Workforce W. Va., Docket No. 2012-0943-CONS (Aug. 20, 2013); Koblinsky v. Putnam County Health Dep’t., Docket No. 2011-1772-CONS (Oct. 23, 2012); Rice v. Div. of Highways, Docket No. 96-DOH-247 (Aug. 29, 1997)
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Keywords
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Classification; Job Duties; Harassment; Functional Demotion; Hostile Work Environment
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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 Services Assistant I. Grievant asserts she was functionally demoted and harassed by agents of Respondent. Grievant seeks restoration of job duties and the end of harassment. Grievant’s alleged functional demotion claim is lacking in substantive merit. Grievant did not demonstrate that she had been harassed by the persons named in her statement of grievance or any other persons employed by Respondent. Grievant failed to meet her burden of proving her claims by a preponderance of the evidence. Accordingly, this grievance is DENIED.
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