Database Search Result Details
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First Name
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Bryan
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Last Name
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Rosen, et al.
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Decision Date
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5/2/2018
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Docket Number
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2017-1487-CONS
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ALJ
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WBM
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Respondent
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Department of Health and Human Resources/Office of the Secretary 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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Various
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Topics
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Discretionary Pay Increase
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Primary Issues
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Whether Grievants proved that they were similarly situated to their coworker who received the discretionary salary increase.
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Outcome
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Denied
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Statutes
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W. Va. Code § 6C 2 2 (d)
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Related Cases
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Leichliter v. W. Va. Dep't of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993); Frymier v. Higher Educ. Policy Comm’n, 655 S.E.2d 52, 221 W. Va. 306 (2007); Harris v. Dep’t of Transp., Docket No. 2008 1594 DOT (Dec. 15, 2008)
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Keywords
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Discretionary Pay Increase; Training Program; Similarly Situated Employees; Job Responsibilities; Discrimination
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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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Grievants earned the West Virginia Procurement Basic and Advanced Certifications (“WVPSC”) and (“WVPAC”), more than twelve months prior to approval by DOP for the training to qualify recipients for a discretionary raise under the DOP Pay Plan Policy (“PPP”). In October another employee working in their unit received a discretionary pay increase for passing virtually the same requirements and receiving the WVPBC. Grievants contend that granting one employee a pay increase for having the WCPBC and not giving a raise to others who have completed virtually the same training constitutes discrimination as defined in the grievance procedure.
Respondent proved that Grievants were not similarly situated to the employee who completed her WVPBC training after the course of study was approved by the DOP to qualify for a discretionary increase under the PPP.
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