Database Search Result Details
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First Name
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Christopher
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Last Name
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Burnette
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Decision Date
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3/1/2023
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Docket Number
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2024-0197-DHS
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ALJ
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RLR
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Respondent
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Department of Homeland Security/Eastern Regional Jail and Correctional Facility
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Employment Type
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STATE
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Job Title
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Correctional Officer II
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Topics
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Dismissal--untimely
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Primary Issues
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Whether the grievance was timely filed.
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Outcome
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Dismissed
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Statutes
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W. VA. CODE ST. R. § 156-1-6.2 (2018); W. VA. CODE § 6C-2-3(a)(1)
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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); 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); Ball v. Kanawha County Bd. of Educ., Docket No. 94-20-6384 (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); Rose v. Raleigh County Bd. of Educ., 199 W. Va. 220, 483 S.E.2d 566 (1997); Naylor v. W. Va. Human Rights Comm'n, 180 W. Va. 634, 378 S.E.2d 843 (1989)
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Keywords
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Untimely
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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 previously employed by Respondent as a Correctional Officer II. Grievant was provided with a letter of termination dated June 2, 2023. Grievant filed this action on or about September 11, 2023, challenging his termination from employment. The record of this matter
demonstrates that Grievant failed to file a grievance within fifteen days following the
occurrence of the event upon which the grievance is based. Accordingly, this grievance is dismissed as untimely.
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