Database Search Result Details
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First Name
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Lisa
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Last Name
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Driscoll
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Decision Date
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4/19/2018
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Docket Number
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2017-2148-DHHR
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ALJ
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BLG
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Respondent
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Department of Health and Human Resources/Bureau for Children and Families 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 Protective Services Worker
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Topics
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Pay
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Primary Issues
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Whether Grievant demonstrated that she is entitled to an increase in her salary.
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Outcome
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Denied
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Statutes
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W. Va. Code § 6C-2-4
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Related Cases
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Higginbotham v. W. Va. Dep't of Pub. Safety, Docket No. 97-DPS-018 (Mar. 31, 1997); Sayre v. Mason County Health Dep't, Docket No. 95-MCHD-435 (Dec. 29, 1995), aff'd, Circuit Court of Mason County, No. 96-C-02 (June 17, 1996); Spahr v. Preston County Board of Education, 182 W. Va. 726, 391 S.E.2d 739 (1990); Nafe v. W. Va. Dep’t of Health & Human Res., Docket No. 96-HHR-386 (Mar. 26, 1997); Brutto v. W. Va. Dep’t of Health & Human Res., Docket No. 96-HHR-076 (July 24, 1996); Salmons v. W. Va. Dep’t of Transp., Docket No. 94-DOH-555 (Mar. 20, 1995); Morgan v. Dep’t of Health Human Res., Docket No. 07-HHR-131 (June 5, 2008)
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Keywords
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Pay Increase; Pay Range; Minimum Salary; Classification; Pay Plan Policy; Starting Salary; New Hires; Pay Equity
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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 the Department of Health and Human Resources as a Child Protective Services Worker. Grievant discovered that newly employed Child Protective Services Workers have recently been hired at a starting salary higher than the minimum for the pay grade, based on experience and education, and higher than her salary after five years of employment. The Division of Personnel raised a timeliness defense arguing that Grievant knew her starting salary five years ago. The grievance was timely filed when Grievant learned that newly hired employees were being paid more than she was. Employers may pay new employees a starting salary above the entry level based on experience and education. The only requirement is that all employees be paid within the pay range for the classification, which was the case here with Grievant and the new hires. Grievant did not demonstrate that she was entitled to a pay increase.
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