Database Search Result Details
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First Name
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Jarrod
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Last Name
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Wilson
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Decision Date
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3/1/2021
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Docket Number
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2019-0901-DOT
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ALJ
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RLR
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Respondent
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Division of Highways
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Employment Type
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STATE
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Job Title
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Maintenance Assistant
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Topics
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Discrimination
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Primary Issues
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Whether Grievant was subjected to discrimination.
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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(d)
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Related Cases
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Frymier v. Higher Education Policy Comm’n, 655 S.E.2d 52, 221 W. Va. 306 (2007); Thewes and Thompson v. Dep’t of Health and Human Resources/Pinecrest Hosp., Docket No. 02-HHR-366 (Sept. 18, 2003); Largent v. West Virginia Division of Health, 192 W. Va. 239, 452 S.E.2d 42 (1994); White, et al. v. W. Va. State Police and Div. of Personnel, Docket No. 05-DPS-168 (July 28, 2005)
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Keywords
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Discrimination; Classifications; Job Duties; Pay Raise
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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 has been employed by the Division of Highways since September 10, 1990 as a Maintenance Assistant. In 2017, some classifications of Maintenance Assistants received a pay raise. Grievant did not. There are different classifications that have the working title Maintenance Assistant. Some are Highway Administrators, some are Technicians, such as Grievant, and others are Engineers. Despite Respondent’s efforts, and while being paid within his paygrade, Grievant did not receive a pay raise until December 2, 2020. The record is somewhat unclear as to what legal basis Grievant is asserting in relation to seeking a back pay award. In any event, Grievant’s raise was within the discretion of the Division of Highways and the record does not support a finding that Grievant is entitled to any back pay for any delay in receiving this raise.
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