Database Search Result Details
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First Name
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Dottie
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Last Name
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Hatfield, et al.
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Decision Date
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2/8/2019
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Docket Number
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2018-1393-CONS
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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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Economic Service Worker
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Topics
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Selection
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Primary Issues
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Whether Grievant proved the selection process was arbitrary and capricious and that she was the most qualified candidate.
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Outcome
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Granted/Denied
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Statutes
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Related Cases
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Spears v. Dep't of Health & Human Res., Docket No. 04-HHR-284 (July 27, 2005); Ball v. Dep't of Transp., Docket No. 04-DOH-423 (May 9, 2005); Freeland v. Dep’t of Health and Human Res., Docket No. 2008-0225-DHHR (Dec. 23, 2008); McFadden v. W. Va. Dept of Health and Human Resources, Docket No. 94-HHR-428 (Feb. 17, 1995); Jones v. Dep’t of Transp./Div. of Highways, Docket No. 07-DOH-340 (July 18, 2008); Forsythe v. Div. of Personnel, Docket No. 2009-0144-DOA (May 20, 2009)
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Keywords
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Selection; Interviews; Most Qualified; Arbitrary and Capricious
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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 an Economic Service Worker. Grievant was not selected for an Economic Service Supervisor position that was awarded to Intervenor. Respondent failed to follow its policy regarding hiring decisions. Respondent could not explain why Intervenor was the most qualified candidate when Grievant had more experience. Grievant proved the selection process was arbitrary and capricious. Grievant failed to prove she was the most qualified applicant but, as the selection process was arbitrary and capricious, the position must be reposted. Accordingly, the grievance is granted, in part, and denied, in part.
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