Database Search Result Details
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First Name
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Cleophus
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Last Name
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Booth, Jr.
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Decision Date
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10/8/2019
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Docket Number
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2019-0086-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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Topics
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Dismissed
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Primary Issues
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Whether Respondent has proven the grievance must be dismissed as moot as Grievant is no longer employed by Respondent.
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Outcome
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Moot
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Statutes
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W. Va. Code St. R. § 156-1-3; W. Va. Code St. R. § 156-1-6.19.2
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Related Cases
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Bragg v. Dep’t of Health & Human Res., Docket No. 03-HHR-348 (May 28, 2004); Burkhammer v. Dep’t of Health & Human Res., Docket No. 03-HHR-073 (May 30, 2003); Smith v. Lewis County Bd. of Educ., Docket No. 02-21-028 (June 21, 2002); Spence v. Div. of Natural Res., Docket No. 2010-0149-CONS (Oct. 29, 2009); Dooley v. Dep’t of Transp., Docket No. 94-DOH-255 (Nov. 30, 1994)
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Keywords
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Motion to Dismiss; Harassment; Employee; Employer; Moot; Relief
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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 was employed by Respondent in an unspecified position. Grievant alleges harassment by his supervisor and requests that the harassment cease. Respondent moved to dismiss the grievance as moot as Grievant is no longer employed by Respondent and has withdrawn his grievance protesting his separation from employment. Respondent has proven the grievance must be dismissed as moot. Accordingly, the grievance is dismissed.
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