Database Search Result Details
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First Name
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Irisca
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Last Name
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Leggett, et al.
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Decision Date
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8/22/2018
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Docket Number
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2017-1210-CONS
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ALJ
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WBM
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Respondent
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Division of Corrections/Parole Services 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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PPO I
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Topics
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Salary
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Primary Issues
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Whether Grievants proved that Respondents are required to provide back pay for a discretionary salary increase.
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Outcome
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Denied
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Statutes
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Related Cases
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Largent v. W. Va. Div. of Health & Div. of Personnel, 192 W. Va. 239, 452 S.E.2d 42 (1994); Thewes & Thompson v. Dep’t of Health & Human Res./Pinecrest Hosp., Docket No. 02-HHR-366 (Sept. 18, 2003); Myers v. Div. of Highways, Docket No. 2008-1380-DOT (Mar. 12, 2009); Buckland v. Div. of Natural Res., Docket No. 2008-0095-DOC (Oct. 6, 2008); Boothe, et al., v. W. Va. Dep’t of Transp./Div. of Highways, Docket No. 2009-0800-CONS (Feb. 17, 2011); Rosen et al., v. Dep’t of Health & Human Res. and Div. of Per., Docket No. 2017-1487-CONS (May 2, 2018)
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Keywords
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Discretionary Salary Increase; Back Pay; Equal Pay; Policy
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Intermediate Court of Appeals
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Circuit Court
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Grievants appealed to Kanawha County Circuit Court 9/21/18 CA# 18-AA-238 (Salango); Affirmed, 3/18/19
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Supreme Court
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Synopsis
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Grievants allege that the discretionary pay raise, they received on April 15, 2017, should have become effective on October 15, 2015, the day that a discretionary raise for new employees became effective. Grievants seek back pay for the period between the time the two raises became effective. Grievants provided no evidence, law, rule, regulation, or policy which requires Respondents to provide back pay to Grievants for a discretionary raise they received effective April 15, 2017.
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