Database Search Result Details
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First Name
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RANDY
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Last Name
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ELLIOTT
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Decision Date
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3/21/1989
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Docket Number
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15-88-262
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ALJ
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NK
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Respondent
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HANCOCK COUNTY BOARD OF EDUCATION
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Employment Type
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PROF
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Job Title
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TEACHER
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Topics
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RIF; VACANCY
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Primary Issues
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Posting Required
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Outcome
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GRANTED
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Statutes
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18A-4-8B(A)
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Related Cases
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Keywords
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VACANCY; POSTING; 60-DAY PROVISION
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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, A HISTORY TEACHER, ALLEGES A VIOLATION OF W.VA. CODE 18A-4-8B WHEN HE APPLIED FOR A VACANT POSITION AND IT WAS NOT FILLED. GRIEVANT WAS PLACED ON A PREFERRED RECALL LIST DUE TO REDUCTION IN FORCE ACTION AT THE CONCLUSION OF THE 87-88 SCHOOL TERM. GRIEVANT WAS NOTIFIED AND MADE APPLICATION FOR JOB VACANCY DURING SUMMER OF 88 BUT WAS NOT EMPLOYED IN FULL TIME POSITION BUT ON SUBSTITUTE BASIS AFTER TEACHERS BEGAN THEIR REGULAR DUTIES. VACANCY WAS ONGOING THROUGHOUT THE SUMMER AND DID NOT BECOME NEWLY CREATED POSITION AFTER THE SEMESTER BEGAN. DECISION: GRANTED; GRIEVANT WAS WRONGFULLY HIRED AS A SUBSTITUTE TEACHER AFTER THE SEMESTER BEGAN TO TEACH FIVE CLASSES KNOWN TO BE UNASSIGNED PRIOR TO THE START OF THE SEMESTER. PURSUANT TO W.VA. CODE 18A-4-8B(A), A TEACHING VACANCY WHICH OCCURS AFTER A SCHOOL SEMESTER BEGINS IS NOT REQUIRED TO BE POSTED UNTIL THE 60TH DAY OF THE SEMESTER AND THE SUCCESSFUL APPLICANT WILL ASSUME SAID POSITION AT THE START OF THE NEXT SEMESTER.
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