Database Search Result Details
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First Name
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Judy
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Last Name
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Matthews
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Decision Date
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7/11/2017
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Docket Number
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2016-1657-DHHR
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ALJ
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RLR
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Respondent
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Department of Health and Human Resources/William R. Sharpe, Jr. Hospital
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Employment Type
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STATE
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Job Title
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Business Manager
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Topics
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Evaluation
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Primary Issues
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Whether Grievant proved by a preponderance of the evidence that her revised evaluation was a result of an abuse of discretion.
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Outcome
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Denied
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Statutes
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Related Cases
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Bowman v. Dep’t of Health & Human Res., Docket No. 2011-0422-CONS (Mar. 6, 2012); Gibson v. W. Va. Dep’t of Health & Human Res., Docket No. 2009-0700-DHHR (Jan. 19, 2010); Messenger v. W. Va. Dep’t of Health & Human Res., Docket No. 92-HHR-388 (April 7, 1993); Wiley v. Div. of Natural Res., Docket No. 97-DNR-397 (Mar. 26, 1998); Kemper v. W. Va. Dep’t of Transp., Docket No. 91-DOH-325 (Mar. 2, 1992)
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Keywords
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Evaluation; Arbitrary and Capricious
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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 filed a prior grievance challenging her Employee Performance Evaluation dated September 24, 2014. The undersigned granted that grievance and ordered that evaluation be rescinded and replaced with an evaluation which rates Grievant for her overall job performance throughout the entire rating period. This revised evaluation was done by Respondent’s Chief Financial Officer familiar with the expectations for the position Grievant was working in for the reporting period. In the instant matter, Grievant failed to prove by a preponderance of the evidence that her evaluation was a result of an abuse of discretion or was the result of some misinterpretation or misapplication of policies or rules governing the evaluation process.
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