Database Search Result Details
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First Name
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Michael
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Last Name
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Urban
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Decision Date
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9/16/2019
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Docket Number
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2019-0570-DOA
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ALJ
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BTC
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Respondent
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General Services Division
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Employment Type
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STATE
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Job Title
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Facilities Equipment Maintenance Technician
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Topics
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Evaluation
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Primary Issues
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Whether Grievant proved Respondent abused its discretion in rating Grievant as only meeting expectations in his employee performance appraisal.
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Outcome
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Denied
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Statutes
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Related Cases
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Bowman v. Dep’t of Health & Human Res., Docket No. 2011-0422-CONS (Mar. 6, 2012); Gibson v. W. Va. Dep’t of Health & Human Res., Docket No. 2009-0700-DHHR (Jan. 19, 2010); Messenger v. W. Va. Dep’t of Health & Human Res., Docket No. 92-HHR-388 (Apr. 7, 1993); Parsons v. Gen. Serv. Div., Docket No. 2012-0867-DOA (Apr. 17, 2013)
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Keywords
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Evaluation; Employee Performance Appraisal; Rating; Arbitrary and Capricious
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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 a Facilities Equipment Maintenance Technician. Grievant protests his employee performance appraisal. Grievant had attended webinar trainings and held a licensure he asserts should have entitled him to being rated as exceeds expectations in several categories. Grievant failed to prove Respondent abused its discretion in rating Grievant as only meeting expectations in his employee performance appraisal. Accordingly, the grievance is denied.
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