Database Search Result Details

First Name Thomas
Last Name Morgan
Decision Date 9/27/2016
Docket Number 2015-1327-DHHR
ALJ CHL
Respondent Department of Health and Human Resources/Mildred Mitchell-Bateman Hospital
Employment Type STATE
Job Title Housekeeper
Topics Pay; Discrimination; Reprisal
Primary Issues Whether Grievant proved by a preponderance of the evidence that Respondent’s actions in seeking repayment from him for an overpayment in his wages were retaliatory, discriminatory, and arbitrary and capricious.
Outcome Granted/Denied
Statutes W. Va. Code St. R. § 156-1-3 (2008); W. Va. Code § 6C-2-2(d); W. Va. Code § 6C-2-2(o); W. Va. Code St. R. § 143-1-5.4(d) (2012); W. Va. Code St. R. § 143-1-3.77 (2012)
Related Cases Howell v. W. Va. Dep’t of Health & Human Res., Docket No. 89-DHS-72 (Nov. 29, 1990); 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); Frymier v. Higher Educ. Policy Comm'n, 655 S.E.2d 52, 221 W. Va. 306 (2007); Harris v. Dep’t of Transp., Docket No. 2008-1594-DOT (Dec. 15, 2008); Cook v. Div. of Natural Res., Docket No. 2009-0875-DOC (Jan. 22, 2010); Conner v. Barbour County Bd. of Educ., Docket No. 93-01-154 (Apr. 8, 1994); Poore v. W. Va. Dep’t of Health & Human Res./Bureau for Children & Families, Docket No. 2010-0448-DHHR (Feb. 11, 2011); Frank’s Shoe Store v. W. Va. Human Rights Comm’n, 179 W. Va. 53, 365 S.E.2d 251 (1986); Warner v. Dep’t of Health & Human Res., Docket No. 2012-0986-DHHR (Oct. 21, 2013); Cobb v. Div. of Highways, Docket No. 2013-0866-CONS (Nov. 7, 2013); Mace v. Pizza Hut, Inc., 377 S.E.2d 461 (W. Va. 1988); Morgan v. Pizzino, 163 W. Va. 454, 256 S.E.2d 592 (1979); Sloan v. Dep’t of Health & Human Res., 215 W. Va. 657, 600 S.E.2d 554 (2004); State ex rel. Eads v. Duncil, 196 W. Va. 604, 474 S.E.2d 534 (1996); Arlington Hosp. v. Schweiker, 547 F. Supp 670 (E.D. Va. 1982); Bedford County Memorial Hosp. v. Health & Human Serv., 769 F.2d 1017 (4th Cir. 1985); Yokum v. W. Va. Schools for the Deaf & the Blind, Docket No. 96-DOE-081 (Oct. 16, 1996); Trimboli v. Dep’t of Health & Human Res., Docket No. 93-HHR-322 (June 27, 1997)
Keywords Pay; Overpayment; Repayment; Salary Adjustment; Discrimination; Reprisal; Arbitrary and Capricious; Retaliation
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant is employed by Respondent as a housekeeper at Mildred Mitchell-Bateman Hospital. In May 2015, it was discovered that Grievant was being paid in excess of his correct salary, and Respondent adjusted his salary downward to correct the error. However, it was later learned that Grievant had been both overpaid and underpaid at varying times between February 2012 and May 2015 due to clerical errors resulting is his being over paid a total of $2,013.58 during that time. Initially, Grievant sought a return to the higher salary. However, Grievant acknowledged that a mistake had been made and withdrew his claim to the higher salary. During the level one proceeding, Respondent informed Grievant that it intended to seek repayment of the overpayment from him. Grievant continued with his grievance alleging discrimination, reprisal, and that Respondent’s actions were arbitrary and capricious. Respondent denied all of Grievant’s claims. Grievant failed to prove his claim of discrimination by preponderance of the evidence. Grievant established a prima facie case of reprisal, and Respondent successfully rebutted the presumption of retaliation. Grievant proved that Respondent’s actions in seeking repayment of the overpayment was unreasonable, and otherwise arbitrary and capricious. Therefore, this grievance is GRANTED IN PART, and DENIED IN PART.

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