Database Search Result Details
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First Name
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Joshua
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Last Name
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Lott
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Decision Date
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5/10/2017
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Docket Number
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2017-1690-MAPS
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ALJ
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WBM
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Respondent
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Division of Corrections/Division of Parole Services
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Employment Type
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STATE
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Job Title
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Porbation Parole Officer I
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Topics
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Back Pay
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Primary Issues
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Whether Grievant was entitled to be reimburses for pay and annual leave lost while on suspension pending an investigation.
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Outcome
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Granted
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Statutes
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143 C.S.R. 1, § 12.3.b.2
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Related Cases
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Leichliter v. W. Va. Dep't of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993)
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Keywords
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Non-Disciplinary Suspension; Investigation; Back Pay; Annual Leave; Reimbursement
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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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Mr. Lott was suspended without pay pending an investigation. The investigation was conducted over the course of two thirty-day periods. The investigation did not produce sufficient evidence to support discipline and Grievant was reinstated. Grievant’s annual leave and other benefits were restored, but he has not received pay for the period he was suspended. Grievant is entitled to back pay for the period of suspension pursuant to the Division of Personnel (“DOP”) Administrative Rule.
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