| First Name | Sherri |
| Last Name | Sturgis |
| Decision Date | 12/22/2017 |
| Docket Number | 2016-1619-DHHR |
| ALJ | MJS |
| Respondent | Department of Health and Human Resources/Bureau for Child Support Enforcement |
| Employment Type | STATE |
| Job Title | Child Support Specialist II |
| Topics | Reclassification, Promotion, Back Pay |
| Primary Issues | Whether Grievant proved by a preponderance of the evidence that she was working as a CSS3 while in the Lincoln County office and whether Grievant was entitled to back pay for working outside of the CSS2 classification. |
| Outcome | Granted |
| Statutes | W. Va. CODE 6C-2-3(2), 6C-2-3(c)(1), 6C-2-3(c)(2), 6C-2-4(a)(1) |
| Related Cases | Hayes v. W. Va. Dep't of Nat'l Res., Docket No. NR-88-038 (Mar. 28, 1989); Kuntz/Wilford v. Dep't of Health & Human Res., Docket No. 96-HHR 301 (Mar. 26, 1997); Adkins v. W. Va. Dep't of Educ., 210 W. Va. 105; 556 S.E.2d 72 (2001); Bennett v. Insurance Comm’n & Div. of Pers., Docket No. 07-INS-299 (June 27, 2008); Captain v. W. Va. Div. of Health, Docket No. 90-H-471 (Apr. 4, 1991); Jones v. Dep’t of Health & Human Res., Docket No. 96-HHR-371 (Oct. 30, 1996); Yerrid v. Div. of Highways, Docket No. 2009-1692-DOT (Mar. 26, 2010); and Martin v. Randolph County Bd. of Educ., 195 W. Va. 297, 456 S.E.2d 399 (1995) |
| Keywords | Reclassification, Back Pay, Bad Faith, Position Description Form, Promotion, Mentor/Trainer, Back-Up Supervisor |
| Intermediate Court of Appeals | |
| Circuit Court | Respondent Division of Personnel appealed to Kanawha County 1/25/2018, Civil Action #18-AA-175 (Tabit); Reversed, 10/19/2018 |
| Supreme Court | |
| Synopsis | Grievant seeks reclassification from a CSS2 to a CSS3 during the time she worked in the Lincoln County BCSE office. Grievant alleged bad faith on the part of her Supervisor in discouraging her from seeking reclassification and/or promotion. Grievant filed this grievance while working in the Lincoln County office. Shortly thereafter, she accepted a CSS3 position in another location. Grievant proved by a preponderance of the evidence that she was working as a CSS3 while in the Lincoln County office. Grievant did not prove that her Supervisor acted in bad faith, as defined in W. Va. Code §6C-2-3(2). Grievant is entitled to all the back wages and benefits she would have earned had she been reclassified to a CSS3, from May 5, 2015, one year prior to the date of the filing of the grievance, until the date Grievant resigned from the Lincoln County BCSE office, May 28, 2016. Accordingly, the grievance is GRANTED. |