Database Search Result Details
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First Name
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Holly
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Last Name
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Vanhorn
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Decision Date
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1/22/2026
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Docket Number
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2026-0046-DOT
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ALJ
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RLR
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Respondent
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West Virginia department of Transportation/Division of Highways,
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Employment Type
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STATE
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Job Title
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Transportation Worker I, Equipment Operator
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Topics
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Termination, disciplinary
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Primary Issues
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Whether Respondent can prove by a preponderance of the evidence that Grievant could not perform the essential duties of her position due to her failure to obtain her Commercial Driver’s License.
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Outcome
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DENIED
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Statutes
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W. VA. CODE § 51-11-4(b)(4), W. VA. CODE § 6C-2-5(b), W. VA. CODE § 29A-5-4(b).
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Related Cases
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Holly v. Logan County Bd. of Educ., Docket No. 96-23-174 (Apr. 30, 1997); Hanshaw v. McDowell County Bd. of Educ., Docket No. 33-
88-130; Petry v. Kanawha County Bd. of Educ., Docket No. 96-20-380 (Mar. 18,1997); Leichliter v. W. Va. Dep’t of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993); Oakes v. W. Va. Dep’t of Finance and Admin., 164 W. Va. 384, 264; S.E.2d 151 (1980); Guine v. Civil Serv. Comm’n, 149 W. Va. 461, 141 S.E.2d 364 (1965).
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Keywords
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Respondent Notice Form, dismissal, Commercial Driver's License (CDL), attendance, satisfactorily performance,
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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 Highways as a Transportation Worker I, Equipment Operator. Grievant was dismissed from employment for failure to obtain her Commercial Driver’s License and for poor job performance. Respondent was able to demonstrate by a preponderance of the evidence that Grievant could not perform the essential duties of her position due to her failure to obtain her Commercial Driver’s License. This grievance is denied.
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