Database Search Result Details
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First Name
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Michael
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Last Name
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Malone
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Decision Date
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10/4/2017
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Docket Number
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2017-0514-DHHR
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ALJ
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BTC
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Respondent
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Department of Health and Human Resources/Office of the Inspector General and Division of Personnel
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Employment Type
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STATE
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Job Title
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Attorney I
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Topics
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Increment Pay
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Primary Issues
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Whether Grievant proved he is entitled to years of service credit for annual increment pay based on his previous employment.
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Outcome
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Denied
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Statutes
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W. Va. Code § 5-5-2 (a); W. Va. Code § 5-5-1(a)(1); W. Va. Code § 29-21-3; W. Va. Code § 14-2-3; W. Va. Code §5-16-2(4); W. Va. Code § 5-10-2(17)
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Related Cases
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Blower v. W. Va. Educ. Broad. Auth., 182 W. Va. 528, 389 S.E.2d 739 (1990).
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Keywords
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Annual Increment Pay; State Agency; Service Credit; Public Defender Corporations
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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 is an attorney employed by Respondent DHHR in the Medicaid Fraud Unit of the Office of the Inspector General. Prior to his employment with Respondent DHHR, Grievant was employed as a public defender by two separate public defender corporations. Grievant grieves his failure to receive annual increment pay, asserting he is entitled to the same based on his years of service with the public defender corporations. Public defender corporations are not state agencies or spending units of the state for purposes of annual increment pay. Grievant failed to prove he is entitled to years of service credit for annual increment pay based on his previous employment with public defender corporations. Accordingly, the grievance is denied.
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