Database Search Result Details
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First Name
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Joni
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Last Name
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Whitt
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Decision Date
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4/11/2017
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Docket Number
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2017-0971-DHHR
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ALJ
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WBM
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Respondent
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Department of Health and Human Resources/Bureau for Child Support Enforcement
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Employment Type
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STATE
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Job Title
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Child Support Specialist
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Topics
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Suspension
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Primary Issues
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Whether Respondent proved that a three-day suspension was appropriate for Grievant’s inability to meet performance expectations over time.
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Outcome
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Denied
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Statutes
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W. Va. Code § 6C 2 2 (d)
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Related Cases
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Frymier v. Higher Educ. Policy Comm’n, 655 S.E.2d 52, 221 W. Va. 306 (2007); Gibson v. Dep’t of Health & Human Res., Docket No. 2009-1475-DHHR (Dec. 2, 2009); Poore v. Dep’t of Health & Human Ser., Docket No, 2010-004-DHHR (Feb. 11, 2011); Loflin v. Dep’t of Health & Human Ser., Docket no. 2012-1291-DHHR (Apr. 30, 2013)
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Keywords
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Suspension; Progressive Discipline; Job Duties; Discrimination; Case Load; Performance Issues
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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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Respondent imposed a three-day suspension upon Grievant as part of a pattern of progressive discipline for Grievant’s failure to meet performance expectations for her position. Grievant argues that she is not the only employee who is not meeting these expectations and it is unfair to discipline her for failing to keep up with her caseload this early in her career. Ultimately, Respondent proved that a suspension was not unreasonable under the circumstances of this case.
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