Database Search Result Details
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First Name
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Shawna
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Last Name
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Carson
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Decision Date
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3/16/2021
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Docket Number
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2020-1058-MAPS
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ALJ
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WBM
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Respondent
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Division of Administrative Services/ 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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HR Generalist 2
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Topics
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Timeliness
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Primary Issues
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Whether Grievant filed the grievance within the mandatory statutory time-period.
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Outcome
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Untimely
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Statutes
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156 C.S.R. 1 § 6.2 (2018)
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Related Cases
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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). See Ball v. Kanawha County Bd. of Educ., Docket No. 94-20-384 (Mar. 13, 1995); Woods v. Fairmont State College, Docket No. 93-BOD-157 (Jan. 31, 1994); Jack v. W. Va. Div. of Human Serv., Docket No. 90-DHS-524 (May 14, 1991); 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); Miller v. Marion County Bd. of Educ., No. 19-1109 (W.Va. Supreme Court, December 7, 2020) (memorandum decision)
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Keywords
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Timeliness, Unequivocally Notified, Fifteen-Day Statutory Deadline
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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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Respondent DOP seeks dismissal of this grievance arguing that it was not filed within fifteen days of the action giving rise to it. DOP argues that a final determination was made that Grievant did not meet the minimum qualifications for the ASM 1 classification on December 19, 2019, but the grievance was not filed until March 17, 2020, months after the final notification. Grievant argues that the DAS Director and the DOP Director discussed her situation over the period of January 17, 2020 through March 4, 2020. She asserts that she was not unequivocally notified of DOP’s decision until March 4, 2020, rendering her grievance timely.
DOP unequivocally notified Grievant regarding her qualifications vis-à-vis the ASM 1 classification on December 19, 2019. That was the date when the filing time began to run. Grievant and her supervisor could continue to discuss the matter thereafter but that does not toll the filing deadline.
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