Database Search Result Details
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First Name
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Lawrence
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Last Name
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Christian, II
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Decision Date
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8/3/2022
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Docket Number
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2022-0679-DHS
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ALJ
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BTC
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Respondent
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Department of Homeland Security/Emergency Management Division
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Employment Type
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STATE
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Job Title
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Imformation Systems Manager
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Topics
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Dismissal; Relief
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Primary Issues
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Whether Grievant stated a claim on which relief can be granted.
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Outcome
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Dismissed
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Statutes
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W. Va. Code St. R. § 156-1-6.11; W. Va. Code § 15-5-3(g)(3)
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Related Cases
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Wright v. Standard Ultramarine and Color Co., 141 W. Va. 368, 382, 90 S.E.2d 459, 468 (1955); Cook v. Heck's, Inc., 176 W. Va. 368, 370, 342 S.E.2d 453, 455 (1986); Harless v. First Nat'l Bank of Fairmont, 162 W. Va. 116, 246 S.E.2d 270 (1978); Wilhelm v. West Virginia Lottery, 198 W. Va. 92, 479 S.E.2d 602 (1996)
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Keywords
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Motion to Dismiss; Relief; At-Will Employee; Public Policy
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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, Department of Homeland Security, within the Emergency Management Division as an Information Systems Manager. Grievant’s employment as at will pursuant to statute. Respondent terminated Grievant’s employment. Respondent’s employee handbook did not create a contract that would prevent the termination of Grievant’s employment. Grievant did not allege that Respondent was motivated to terminate his employment to contravene some substantial public policy. As Grievant failed to state a claim on which relief can be granted the grievance must be dismissed. Accordingly, the grievance is dismissed.
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