Database Search Result Details
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First Name
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Christine
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Last Name
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Denton
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Decision Date
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7/22/2019
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Docket Number
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2018-1174-DHHR
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ALJ
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WBM
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Respondent
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Department of Health and Human Resources/Welch Community Hospital
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Employment Type
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STATE
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Job Title
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Cook
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Topics
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Salary
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Primary Issues
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Whether Grievant proved that the decision to not seek a merit-based salary advancement for Grievant was arbitrary or capricious.
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Outcome
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Denied
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Statutes
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W. Va. Code § 6C 2 2 (d); W. Va. Code § 29-6-10
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Related Cases
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Thewes and Thompson v. Dep’t of Health & Human Res./Pinecrest Hosp., Docket No. 02-HHR-366 (Sept. 18, 2003); Myers v. Div. of Highways, Docket No. 2008-1380-DOT (Mar. 12, 2009); Buckland v. Div. of Natural Res., Docket No. 2008-0095-DOC (Oct. 6, 2008): Boothe, et al., v. W. Va. Dep’t of Transp./Div. of Highways, Docket No. 2009-0800-CONS (Feb. 17, 2011); Lott v. Div. of Highways and Div. of Personnel, Docket No. 2011-1456-DOT (Sept. 9, 2014); Deem et al. v. Div. of Motor Vehicles, Docket No.2016-1041-CONS (Nov. 30, 2016): Largent v. W. Va. Div. of Health and Div. of Personnel, 192 W. Va. 239, 452 S.E.2d 42 (1994).
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Keywords
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Pay; Salary; Discrimination; Equal Pay for Equal Work; 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 being paid a lower wage that other employees in her classification who were hired after her. She argues that paying these less experienced employees a higher wage is discriminatory as well as arbitrary and capricious. All the employees in Grievant’s classification are being paid in the appropriate Pay Grade for the cook classification. The West Virginia Supreme Court of appeals has held that an Agency is only required to pay employees in the same classification within the wage range established in the Pay Grade for that classification, which /respondent is doing in this instance.
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