Database Search Result Details
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First Name
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Samantha
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Last Name
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Dunlavy
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Decision Date
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8/28/2019
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Docket Number
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2019-1213-DHHR
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ALJ
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RLR
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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 Worker
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Topics
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Suspension
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Primary Issues
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Whether Respondent had good cause to suspend Grievant.
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Outcome
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Denied
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Statutes
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Related Cases
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Nicholson v. Logan County Bd. of Educ., Docket No. 95-23-129 (Oct. 18, 1995); Landy v. Raleigh County Bd. of Educ., Docket No. 89-41-232 (Dec. 14, 1989); Page v. W. Va. Dep’t of Health & Human Res., Docket No. 02-HHR-049 (July 5, 2002)
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Keywords
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Suspension; Progressive Discipline; Excessive Absenteeism; Attendance; Policy
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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 as a Health Service Worker at the William R. Sharpe, Jr. Hospital. Grievant challenges her suspension for due to attendance, absenteeism and tardiness issues. The record established that Respondent met its burden of proof and established by a preponderance of the evidence that Grievant had a long history of absenteeism which warranted a 3-day suspension after past progressive discipline measures were ineffective.
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