Database Search Result Details
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First Name
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Mary
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Last Name
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Byrd
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Decision Date
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8/8/2017
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Docket Number
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2017-0769-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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Health Service Assistant
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Topics
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Verbal Reprimand
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Primary Issues
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Whether Grievant was entitled to notice and an opportunity to respond to the charge of a verbal reprimand.
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Outcome
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Granted
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Statutes
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Related Cases
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Buskirk v. Civil Serv. Comm'n, 175 W. Va. 279, 332 S.E.2d 579 (1985); Barker v. Hardway, 238 F. Supplement 228 (W. Va. 1968); Edwards v. Berkeley County Bd. of Educ., Docket No. 89-02-234 (Nov. 28, 1989); Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 542, 105 S.Ct. 1487, 84 L.Ed.2d 494, (1985); Mullane v. Central Hanover Bank & Trust Co., 339 U.S. 306, 313, 70 S.Ct. 652, 94 L.Ed. 865 (1950); Nadler v. West Virginia Univ., Docket No. 05-HE-455 (June 22, 2006)
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Keywords
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Verbal Reprimand; Memorandum; Due Process; Predetermination Meeting
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Intermediate Court of Appeals
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Circuit Court
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Respondent appealed to Kanawha County Circuit Court 9/22/2017; Civil Action No. 17-AA-74; Judge Bloom; Reversed by Final Order entered 3/2/2018
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Supreme Court
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Synopsis
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Grievant’s supervisor issued a disciplinary memorandum to Grievant in August 2016, in which she reviewed an incident involving Grievant’s failure to do four assigned hall walks and fifteen minutes checks which Grievant was scheduled to complete. The nurse supervisor did not speak with Grievant concerning her version of events prior to placing the memorandum documenting the verbal warning in her personnel file. Respondent’s position is that the subsequent Legal Aid investigation gave Grievant an opportunity to be heard on the issue of discipline. The failure of the supervisor to address her concerns with Grievant prior to issuing what is essentially a disciplinary letter is in violation of the most basic right of due process. This grievance is granted.
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