Database Search Result Details
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First Name
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Sharon
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Last Name
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Buzzard
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Decision Date
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1/19/2018
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Docket Number
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2017-1420-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/Bureau for Child Support Enforcement 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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Child Support Tech 3
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Topics
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Salary
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Primary Issues
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Whether Respondent’s action was arbitrary and capricious.
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Outcome
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Denied
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Statutes
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W. Va. Code St. R. § 156-1-3 (2008)
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Related Cases
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State ex rel. Eads v. Duncil, 196 W. Va. 604, 614, 474 S.E.2d 534, 544 (1996); Bedford County Memorial Hosp. v. Health & Human Serv., 769 F.2d 1017 (4th Cir. 1985)
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Keywords
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Salary; Arbitrary and Capricious; Relief
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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 employed by Respondent as a Child Support Technician 3. Grievant was selected as a Child Support Specialist 2 and agreed to a lower salary then indicated by the Division of Personnel’s Pay Plan Policy. Grievant asserted she accepted the offer under duress and that Respondent’s decision to offer her a lower salary was arbitrary and capricious. Grievant failed to prove Respondent’s action was arbitrary and capricious or that she was otherwise entitled to the relief she seeks when she accepted the salary that was offered. Accordingly, the grievance is denied.
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