Database Search Result Details
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First Name
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Roxanna
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Last Name
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Waybright
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Decision Date
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1/19/2021
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Docket Number
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2018-1352-DHHR
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ALJ
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JSF
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Respondent
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Department of Health and Human Resources/William R. Sharpe, Jr. Hospital AND Division of Personnel
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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 proved that this grievance was not timely filed.
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Outcome
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Untimely
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Statutes
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W. Va. Code § 6C-2-3(c)(1); W. Va. Code § 6C-2-4(a)(1)
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Related Cases
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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); Ball v. Kanawha County Bd. of Educ., Docket No. 94-20-384 (Mar. 13, 1995); Lynch v. W. Va. Dep't of Transp., Docket No. 97-DOH-060 (July 16, 1997); Carnes v. Raleigh County Bd. of Educ., Docket No. 01-41-351 (Nov. 13, 2001)
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Keywords
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Motion to Dismiss; Untimely Filing; 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 accepted a Health Service Trainee (HST) position at Sharpe Hospital on March 24, 2017 and began her employment as an HST on June 1, 2017. Grievant advanced to a Health Service Worker (HSW) position on March 31, 2018. She laments not being advanced to an HSW position sooner. The employer moved to dismiss the grievance for untimely filing. Grievant failed to respond. Grievant should have filed her grievance within 15 working days of March 31, 2018 but waited another two months until June 21, 2018 to file. Accordingly, the grievance is Dismissed.
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