Database Search Result Details
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First Name
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Phil
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Last Name
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Myers
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Decision Date
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3/21/2019
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Docket Number
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2019-0256-DHHR
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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/William R. Sharpe, Jr. Hospital
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Employment Type
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STATE
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Job Title
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Health Service Assistant
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Topics
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Non-disciplinary suspension
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Primary Issues
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Whether Grievant proved that Respondent failed to provide him with due process or the reason for his suspension.
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Outcome
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Denied
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Statutes
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W. Va. Code § 16-49-1(6); W. Va. Code St. R. § 143-1-12.3.b. (2016)
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Related Cases
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Waite v. Civil Serv. Comm'n, 161 W. Va. 154, 241 S.E.2d 164 (1977); W. Va. Dep't of Educ. v. McGraw, 239 W. Va. 192, 201, 800 S.E.2d 230, 239 (2017); Hammer v. Greenbrier County Bd. of Educ., Docket No. 2008-0302-GreED (May 21, 2008); Waite v. Civil Service Commission, 161 W. Va. 154, 241 S.E.2d 164 (1977); Burkhammer v. Dep't of Health & Human Res., Docket No. 03-HHR-073 (May 30, 2003); Akers v. West Virginia Dep’t of Highways, Docket No. 89-DOH-605 (May 22, 1990); Dunlap v. Dep't of Environmental Protection, Docket No. 2008-0808-DEP (Mar. 20, 2009); Spangler v. Cabell County Board of Education, Docket No. 03-06-375 (March 15, 2004); Ferrell and Marcum v. Reg’l Jail and Corr. Facility Auth./W. Reg’l Jail, Docket No. 2013-1005-CONS (June 4, 2013)
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Keywords
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Suspension Pending Investigation; Due Process; Predetermination Meeting; WV CARES Act; Arbitrary and Capricious; Moot; Damages
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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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Sometime after the legislature created WV CARES in 2015, to facilitate the processing and analysis of the criminal history and background of applicants for direct access employment with covered providers, WV CARES notified Sharpe Hospital and Grievant, a nineteen-year employee of Sharpe, that Grievant was ineligible for direct access employment based on his criminal history report. WV CARES informed Grievant he could apply for a variance. Sharpe suspended Grievant without pay pending investigation. Grievant applied for a variance and expended time and resources to obtain the criminal history report and correct its inaccuracies. WV CARES granted Grievant a variance and Sharpe reinstated Grievant’s employment and annual leave. Grievant contends that Respondent denied him a predetermination meeting and due process and requests to be made whole, including reimbursement of his expenses in obtaining a variance and the removal of his suspension from his record. Grievant did not prove that Respondent violated his rights or that it was obligated to remove the suspension from his record, that it owed him backpay, or that it had any obligation to reimburse him the cost of his criminal history report or his expenditures in obtaining a variance. Accordingly, the grievance is DENIED.
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