Database Search Result Details
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First Name
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Shondda
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Last Name
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Allen
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Decision Date
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7/5/2017
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Docket Number
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2017-1076-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/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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Suspension
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Primary Issues
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Whether Respondent proved it was justified in giving Grievant a 5-day suspension for poor attendance.
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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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Walls v. Dep’t of Health & Human Res./Mildred Mitchell Bateman Hosp., Docket No. 2011-0687-DHHR (May 5, 2011); Loflin v. Dep’t of Health & Human Res./Mildred Mitchell Bateman Hosp., Docket No. 2012-1291-DHHR (Apr. 30, 2013)
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Keywords
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Suspension; Attendance Improvement Plan; Progressive Discipline; 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 argues that the suspension of her employment was arbitrary and capricious because Respondent failed to follow its obligations under the Attendance Improvement Plan implemented ostensibly as a tool to improve Grievant’s attendance. Respondent proved that Grievant had been given unsuccessful opportunities to improve her attendance before the suspension was implemented and the suspension was justified.
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