Database Search Result Details
First Name
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Gary
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Last Name
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Connelly
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Decision Date
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9/11/2018
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Docket Number
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2018-2077-DHHR
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ALJ
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BTC
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Respondent
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Department of Health and Human Resources/Bureau for Children and Families
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Employment Type
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STATE
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Job Title
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Social Worker III
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Topics
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Suspension
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Primary Issues
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Whether Respondent proved the charges against Grievant and that suspension was justified.
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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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Jones v. W. Va. Dep’t of Health & Human Res., Docket No. 96-HHR-371 (Oct. 30, 1996); Pine v. W. Va. Dep’t of Health & Human Res., Docket No. 95-HHR-066 (May 12, 1995); Burchell v. Bd. of Trustees/Marshall Univ., Docket No. 97-BOT-011 (Aug. 29, 1997); Gunnells v. Logan County Bd. of Educ., Docket No. 97-23-055 (Dec. 9, 1997); Overbee v. Dep't of Health & Human Res./Welch Emergency Hosp., Docket No. 96-HHR-183 (Oct. 3, 1996); Conner v. Barbour County Bd. of Educ., Docket No. 94-01-394 (Jan. 31, 1995); Phillips v. Summers County Bd. of Educ., Docket No. 93-45-105 (Mar. 31, 1994)
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Keywords
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Suspension; Improvement Plan; Progressive Discipline; Performance Deficiencies; Hearsay; Policy; Mitigation
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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 Respondent as a Social Services Worker III in the Centralized Intake Unit. Grievant protests his suspension from employment for poor performance. Respondent proved the charges against Grievant and that suspension was justified given Grievant’s chronic performance deficiencies, the seriousness of the precipitating incident, and Grievant’s failure to demonstrate any understanding of the seriousness of the incident or accept any responsibility. Grievant failed to prove mitigation is warranted. Accordingly, the grievance is denied.
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