Database Search Result Details
|
First Name
|
Tammy
|
|
Last Name
|
Frazie
|
|
Decision Date
|
4/11/2019
|
|
Docket Number
|
2019-0047-DOR
|
|
ALJ
|
WBM
|
|
Respondent
|
Offices of the Insurance Commissioner/ AND Division of Personnel
|
|
Employment Type
|
STATE
|
|
Job Title
|
Paralegal I
|
|
Topics
|
Dismissed
|
|
Primary Issues
|
Whether this grievance was untimely filed.
|
|
Outcome
|
Untimely
|
|
Statutes
|
W. Va. Code § 6C-2-3(a)(1)
|
|
Related Cases
|
Lynch v. W. Va. Dep’t of Transp., Docket No. 97-DOH-060 (July 16, 1997), aff’d, Circuit Court of Kanawha County, No. 97-AA-110 (Jan. 21, 1999); Higginbotham v. W. Va. Dep't of Pub. 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); Harvey v. W. Va. Bureau of Empl. Programs, Docket No. 96-BEP-484 (Mar. 6, 1998); Whalen v. Mason County Bd. of Educ., Docket No. 97-26-234 (Feb. 27, 1998)
|
|
Keywords
|
Motion to Dismiss; Time Lines; Untimely; Notification
|
|
Intermediate Court of Appeals
|
|
|
Circuit Court
|
|
|
Supreme Court
|
|
|
Synopsis
|
Grievant received notice that her position was reallocated on June 4, 2018. She was subsequently required to submit an application containing her credentials to verify that she met the minimum qualifications for the new classification of her position. She met those qualifications, was reassigned to the position as reallocated. The process was completed on or around June 23, 2018. The grievance contesting the reallocation of this position was filed on July 5, 2018.
Respondents argue that the grievance is untimely because Grievant received unequivocal notice that her position was reallocated on June 4, 4018, and did not file her grievance until several days after the fifteen working days-time limit. Grievant argues that the date for filing the grievance does not start until she was reassigned to the reallocated position. The position was reallocated to the Paralegal 1 classification. Grievant disagrees with that classification and wishes her position to be allocated differently. The date of notice of the reallocation was June 4, 2018, and that reallocation was going to remain the same even if Grievant did not meet the minimum qualifications. Respondents proved that the grievance was untimely filed.
|
Back to Results
Search Again