Database Search Result Details
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First Name
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JoAnne
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Last Name
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Porter
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Decision Date
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4/8/2019
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Docket Number
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2018-1315-DOT
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ALJ
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BTC
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Respondent
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Division of Highways
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Employment Type
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STATE
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Job Title
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Transportation Worker 3
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Topics
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Suspension
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Primary Issues
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Whether Respondent was justified in suspending Grievant for ten days for misconduct.
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Outcome
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Denied
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Statutes
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W. Va. Code St. R. §156-1-6.12; W. Va. Code St. R. § 156-1-5.12.2; W. Va. Code § 6C-2-3(g)(1)
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Related Cases
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Koblinsky v. Putnam County Health Dep’t, Docket No. 2010-1306-CONS (Nov. 8, 2010) Beaton v. Department of Health and Human Resources/William R. Sharpe, Jr. Hospital, Docket No. 2013-0496-CONS (December 20, 2013); Hammer v. Greenbrier County Bd. of Educ., Docket No. 2008-0302-GreED (May 21, 2008); Deyerle v. Dep’t of Health and Human Res., Docket No. 2013-2231-CONS (July 15, 2014); Wines v. Jefferson Cty. Bd. of Educ., 213 W. Va. 379, 582 S.E.2d 826 (2003); Paxton v. Bureau of Senior Serv., Docket No. 2010-1035-BSS (June 30, 2010)
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Keywords
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Suspension; Misconduct; Investigatory Interview; Due Process; Discovery
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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 Transportation Worker 3. Grievant was suspended for ten days for violation of a confidentiality agreement and acceptable standards of conduct. Respondent proved Grievant, with no proper purpose, viewed employee performance evaluations containing social security numbers that were located on her supervisor’s desk and discussed the contents of the evaluations, including scores, with multiple co-workers. Respondent was justified in suspending Grievant for ten days for her misconduct. Respondent violated Grievant’s right to representation during the investigatory interview and, under the facts and circumstances of this case, the appropriate remedy is to exclude the interview transcript and written statement. Grievant is not entitled to prevail in her grievance for Respondent’s alleged failure to provide documents in informal discovery. Accordingly, the grievance is DENIED.
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