Database Search Result Details

First Name Melissa
Last Name Prince
Decision Date 8/24/2018
Docket Number 2018-0271-DOT
ALJ CHL
Respondent Division of Highways
Employment Type STATE
Job Title Contract Development Manager
Topics Discretionary Pay Increase; Discrimination; Harassment
Primary Issues Whether Grievant proved by a preponderance of the evidence that the processing of her discretionary pay increase was delayed for ten months as a result of discrimination and harassment.
Outcome Denied
Statutes W. Va. Code St. R. § 156-1-3 (2018); W. Va. Code § 6C-2-2(d); W. Va. Code § 6C-2-2(l); W. Va. Code § 6C-2-4(a)(3)
Related Cases Leichliter v. Dep't of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993), aff’d, Pleasants Cnty. Cir. Ct. Civil Action No. 93-APC-1 (Dec. 2, 1994); Lucas v. Dep’t Health & Human Res., Docket No. 07-HHR-141 (May 14, 2008); Morgan v. Dep’t Health and & Human Res., Docket No. 07-HHR-131 (June 5, 2008); Green v. Dep’t of Amin. & Div. of Personnel, Docket No. 2011-1577-DHHR (Oct. 1, 2012); Hapney v. Pub. Employees Insurance Agency, Dep’t of Admin. & Div. of Personnel, Docket No. 2013-0861-DOA (Feb. 24, 2014); Boggess v. Public Serv. Comm’n, Docket No. 2015-0079-PSC (Mar. 25, 2015); Rakes v. Div. of Highways, Docket No. 2016-0564-DOT (Oct. 6, 2016); Moore v. Dep’t of Envtl. Protection, Docket No. 2014-0046-DEP (May 9, 2014); Bedford County Memorial Hosp. v. Health & Human Serv., 769 F.2d 1017 (4th Cir. 1985); Yokum v. W. Va. Schools for the Deaf & the Blind, Docket No. 96-DOE-081 (Oct. 16, 1996); Trimboli v. Dep’t of Health & Human Res., Docket No. 93-HHR-322 (June 27, 1997), aff’d Mercer Cnty. Cir. Ct. Docket No. 97-CV-374-K (Oct. 16, 1998); Adkins v. W. Va. Dep't of Educ., 210 W. Va. 105, 556 S.E.2d 72 (2001) (per curiam); Blake v. Kanawha County Bd. of Educ., Docket No. 01-20-470 (Oct. 29, 2001), aff’d Kanawha Cnty. Cir. Ct. Docket No. 01-AA-161 (July 2, 2002), appeal refused, W.Va. Sup. Ct. App. Docket No. 022387 (Apr. 10, 2003); 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); Sellers v. Wetzel County Bd. of Educ., Docket No. 97-52-183 (Sept. 30, 1997); Kennedy v. Dep’t of Health & Human Res., Docket No. 2009-1443-DHHR (March 11, 2010), aff’d, Kan. Co. Cir. Ct., Civil Action No. 10-AA-73 (June 9, 2011); Warner v. Dep’t of Health & Human Res., Docket No. 07-HHR-409 (Nov. 18, 2008); Miller v. W. Va. Dep’t of Health & Human Res., Docket No. 96-HHR-501 (Sept. 30, 1997); Harry v. Marion County Bd. of Educ., Docket Nos. 95-24-575 & 96-24-111 (Sept. 23, 1996); Gunnells v. Logan County Bd. of Educ., Docket No. 97-23-055 (Dec. 9, 1997); Sinsel v. Harrison County Bd. of Educ., Docket No. 96-17-219 (Dec. 31, 1996); Seddon v. W. Va. Dep’t of Health/Kanawha-Charleston Health Dep’t, Docket No. 90-H-115 (June 8, 1990); Baker v. Bd. of Trs./W. Va. Univ. at Parkersburg, Docket No. 97-BOT-359 (Apr. 30, 1998) (citing Harrison v. W. Va. Bd. of Drs./Bluefield State Coll., Docket No. 93-BOD-400 (Apr. 11, 1995)); Mihaliak v. Div. of Rehab. Serv., Docket No. 98-RS-126 (Aug. 3, 1998); State ex rel. Eads v. Duncil, 196 W. Va. 604 at 614, 474 S.E.2d 534 at 544 (1996)
Keywords Discretionary Pay Increase; Delay; Back Pay; Discrimination; Arbitrary and Capricious; Harassment; Processing; Wrongdoing; Discretionary Decisions; Vendetta; Hearsay; Substantiating Facts; Incompetence
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant was employed by Respondent as a Contract Development Manager. Grievant was submitted for a discretionary pay increase. However, Respondent’s Human Resources Office took ten months to complete the processing of her pay increase so that she could start receiving the increased pay. The pay increase was implemented prospectively, and Grievant was denied back pay for the ten-month delay. Grievant alleged wrongdoing, including discrimination and harassment, against the former DOH Director of Human Resources. Respondent denied Grievant’s claims, and asserted that while the processing took ten months, no laws, policies, or rules were violated by Respondent or its former director of Human Resources. Grievant failed to prove her claims by a preponderance of the evidence. Accordingly, this grievance is DENIED.

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