Database Search Result Details

First Name Joni
Last Name Whitt
Decision Date 8/28/2017
Docket Number 2017-1982-CONS
ALJ MJS
Respondent Department of Health and Human Resources/Bureau for Child Support Enforcement
Employment Type STATE
Job Title Child Support Specialist I
Topics Suspension
Primary Issues Whether Respondent had good cause to suspend Grievant.
Outcome Denied
Statutes
Related Cases Conner v. Barbour County Bd. of Educ., Docket No. 94-01-394 (Jan. 31, 1995); Phillips v. Summers County Bd. of Educ., Docket No. 93-45-105 (Mar. 31, 1994); Overbee v. Dep’t of Health & Human Res., Docket No. 96-HHR-183 (Oct. 3, 1996); Jones v. W. Va. Dep’t of Health & Human Res., Docket No. 96-HHR-371 (Oct. 30, 1996)
Keywords Suspension; Performance Improvement Plan; Reprimand; Misconduct; Unsatisfactory Performance; Unprofessional Conduct
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant is employed as a Child Support Specialist 1. Grievant protests her reprimand and suspension for five days for unsatisfactory performance, and unprofessional behavior in the work place. Respondent proved by a preponderance of the evidence that Grievant engaged in the behavior set forth in her suspension letter. Moreover, the suspension was proper and justified as Grievant’s performance and behavioral issues had been addressed with her many times throughout her employment, and had not improved, even after having been placed on employee performance improvement plans. Therefore, the grievance is DENIED.

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