Database Search Result Details
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First Name
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Cheryl
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Last Name
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Payne
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Decision Date
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8/10/2022
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Docket Number
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2020-0686-DOT
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ALJ
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RLR
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Respondent
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Division of Motor Vehicles
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Employment Type
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STATE
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Job Title
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Customer Service Representative
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Topics
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Dismissal
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Primary Issues
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Whether Grievant has abandoned her grievance.
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Outcome
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Failure to Prosecute
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Statutes
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W. Va. Code St. R. § 156-1-6.19.3
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Related Cases
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Armstrong v. W. Va. Div. of Culture & History, 229 W. Va. 538, 729 S.E.2d 860 (2012); Katona v. Dept. of Health & Human Res,, Docket No. 2018-0133-DHHR (Jan. 16, 2018); Patrick v. Dep't of Health and Human Res., Docket No. 2020-1075-DHHR (June 30, 2021)
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Keywords
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Motion to Dismiss; Abandoning a Grievance; Failure to Respond
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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 the Division of Motor Vehicles as a Customer Service Representative. Grievant filed this grievance disputing her dismissal from employment. After continuances of the scheduled level three hearings and an abeyance period granted at the request of Grievant, Respondent moved to dismiss the matter. Grievant has failed to respond to Respondent’s motion or otherwise communicate with the Grievance Board. The record supports a finding that a preponderance of evidence exists that leads to the conclusion that the grievance should be dismissed for abandonment. Accordingly, the grievance should be dismissed.
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