Database Search Result Details
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First Name
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LaTosha
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Last Name
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Greene
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Decision Date
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6/1/2017
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Docket Number
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2015-1615-DHHR
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ALJ
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CHL
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Respondent
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Department of Health and Human Resources/Jackie Withrow Hospital
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Employment Type
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STATE
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Job Title
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Health Service Worker
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Topics
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Selection
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Primary Issues
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Whether Grievant proved by a preponderance of the evidence that Respondent’s decision not to interview her for an Office Assistant II position was arbitrary and capricious, and that the selection process was flawed.
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Outcome
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Denied
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Statutes
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W. Va. Code St. R. § 156-1-3 (2008); W. Va. Code St. R. § 143-1-3.53 (2016); W. Va. Code St. R. § 143-1-9.5(d) (2016)
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Related Cases
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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); Bedford County Memorial Hosp. v. Health & Human Serv., 789 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); State ex rel. Eads v. Duncil, 196 W. Va. 604, 474 S.E.2d 534 (1996); Harrison v. Ginsberg, [169 W. Va. 162], 286 S.E.2d 276, 283 (W. Va. 1982)
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Keywords
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Selection; Application; Minimum Qualifications; Interview; Arbitrary and Capricious; Flawed
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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 applied for an Office Assistant II position. Grievant was not granted an interview for the same, and someone else was selected to fill the position. Grievant asserts that Respondent’s actions were improper, arbitrary and capricious, and that the selection process was flawed. Respondent denies Grievant’s claims, and argues that it was not required to interview Grievant for the position because she did not meet the minimum qualifications for the position. Grievant failed to meet the burden of proving her claims by a preponderance of the evidence. Therefore, this grievance is DENIED.
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