Database Search Result Details
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First Name
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Jamie
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Last Name
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Workman
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Decision Date
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4/2/2018
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Docket Number
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2018-0175-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 Worker
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Topics
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Schedule
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Primary Issues
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Whether Grievant demonstrated that Respondent’s actions were arbitrary and capricious.
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Outcome
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Denied
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Statutes
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143 C.S.R 1 § 14.2
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Related Cases
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James Sell v. W. Va. Dep’t of Health & Human Res., Docket No. 06-HHR-444 (June 26, 2007); Rodeheaver v. W. Va. Dep’t of Health & Human Res., Docket No. 00-HHR-312 (July 31, 2001); Curry/Molitor v. W. Va. Dep’t of Health & Human Res., Docket No. 98-HHR-149 (Mar. 31, 1999)
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Keywords
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Overtime; Work Schedule; Discretionary Change; Annual Leave; Arbitrary and Capricious
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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 a Health Service Worker/Programmer employed by William R. Sharpe, Jr. Hospital, a psychiatric facility operated by the West Virginia Department of Health and Human Resources. Grievant claims that Respondent improperly changed her schedule, which caused her to lose eight hours of overtime. Respondent maintains that it has discretion to set the work schedules and that it acted within the scope of its policy. The record of this case supported a finding that Grievant has failed to demonstrate by a preponderance of the evidence that Respondent’s actions in this case were contrary to law, policy or regulation, or were otherwise unreasonable or arbitrary and capricious.
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