Database Search Result Details

First Name James
Last Name Shock
Decision Date 5/21/2021
Docket Number 2021-2290-DOR
ALJ BTC
Respondent West Virginia Lottery
Employment Type STATE
Job Title Lottery Marketing Specialist
Topics Dismissal; Untimely
Primary Issues Whether this grievance was untimely filed.
Outcome Untimely
Statutes W. Va. Code § 6C-2-3(a)(1); W. Va. Code § 6C-2-2(c)
Related Cases 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)
Keywords Motion to Dismiss; Untimely; Fifteen Days
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant was employed by Respondent as a Lottery Marketing Specialist. Grievant filed the instant grievance as a result of a disciplinary suspension. The grievance was untimely filed as it was filed more than fifteen days after Grievant was unequivocally notified of the suspension. Accordingly, the grievance is dismissed.

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