Database Search Result Details
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First Name
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James
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Last Name
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Namsupak, et al.
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Decision Date
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1/3/2019
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Docket Number
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2018-0242-CONS
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ALJ
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JSF
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Respondent
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Department of Health and Human Resources/John Manchin Sr. Health Care Center
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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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Hostile Work Environment; Retaliation
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Primary Issues
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Whether Grievants have proven by a preponderance of the evidence that Respondent engaged in retaliation and created a hostile work environment.
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Outcome
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Granted
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Statutes
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W. Va. Code § 6C-2-2(i)(1)
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Related Cases
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Pascoli & Kriner v. Ohio Cnty. Bd. of Educ., Docket No. 91-35-229/239 (Nov. 27, 1991); Dooley v. Dept. of Trans./Div. of Highways, Docket No. 94-DOH-255 (Nov. 30, 1994); Lyons v. Wood Cnty. Bd. of Educ., Docket No. 89-54-601 (Feb. 28, 1990); Frost v. Bluefield State College, Docket No. 2017-0472-BSC (Dec. 7, 2017); Matney v. Dep’t of Health & Human Res., Docket No. 2012-1099-DHHR (Nov. 12, 2013); Coddington v. W. Va. Dep’t of Health & Human Res., Docket Nos. 93-HHR-265/266/267 (May 19, 1994); Williamson v. Division of Highways, Docket No. 2016-0608-CONS (September 22, 2016)
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Keywords
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Hostile Work Environment; HIPPA Violation; Retaliation; Work Hours; Job Duties
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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 were employed in various classifications in the outpatient facility at Manchin Clinic. Grievants allege that Respondent retaliated and created a hostile work environment when CEO Michele Crandall announced but never implemented a change to the Outpatient Clinic hours of operation; forced Grievants to use annual leave for any sick time taken beyond the first eight hours of a shift; announced but never implemented a discontinuation of vendor hosted luncheons; rearranged the outpatient staff workspace; locked up medical records, the copier, the fax machine, and x-ray supplies; worked Grievant Pauley out of classification; discussed confidential employee information so loudly that coworkers could hear details; and favored employee Kathy Tennant through inaction on Grievants complaints alleging that Tennant had threatened them and had violated the Health Insurance Portability and Accountability Act (HIPPA). Grievants proved that Respondent retaliated against Grievants when CEO Crandall announced a change in Outpatient Clinic hours of operation, announced a discontinuation of vendor hosted luncheons, and locked up the copier, fax machine, and x-ray supplies for over six months. Grievants also proved that Respondent created a hostile work environment when it locked up the copier, fax machine, and x-ray supplies for over six months. Accordingly, the grievance is GRANTED.
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