Database Search Result Details
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First Name
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Cheryl
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Last Name
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Casdorph
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Decision Date
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12/4/2018
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Docket Number
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2018-2005-CONS
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ALJ
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LRB
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Respondent
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Division of Rehabilitation Services
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Employment Type
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STATE
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Job Title
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Disability Examination Specialist Trainee
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Topics
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Suspension
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Primary Issues
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Whether Respondent established reliable rationale to justify disciplinary action against Grievant.
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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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Ball v. Dep't of Trans., Docket No. 96-DOH-141 (July 31, 1997); Adams v. Reg’l Jail and Corr. Facility Auth., Docket No. 06-RJA-147 (Sept. 29, 2006)
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Keywords
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Suspension; Trainee; Unacceptable Work Performance; Training; Arbitrary and Capricious; 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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Respondent suspended Grievant for continued unacceptable work performance. Respondent contends Grievant has failed to perform her job at a level consistent with the expectations of her position. Grievant did not effectively challenge the objective performance data showing that she continually performs at a level well-below that of her co-workers; rather, Grievant blamed her supervisor (the system), an assertion Respondent persuasively contradicted. Grievant also contended that the three-day suspension was illogical and counterproductive because it effectively caused her to be further behind in her work. Respondent, by a preponderance of the evidence, justified disciplinary action. The disciplinary action of a three-day suspension is not established to be excessive or found to be unreasonable. This Grievance is DENIED.
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