Database Search Result Details
|
First Name
|
Tabitha
|
|
Last Name
|
Dix
|
|
Decision Date
|
11/6/2019
|
|
Docket Number
|
2019-1273-DHHR
|
|
ALJ
|
WBM
|
|
Respondent
|
Department of Health and Human Resources/Jackie Withrow Hospital
|
|
Employment Type
|
STATE
|
|
Job Title
|
Health Service Worker
|
|
Topics
|
Suspension
|
|
Primary Issues
|
Whether Grievant proved that the penalty imposed by Respondent was clearly excessive or disproportionate to the misconduct.
|
|
Outcome
|
Denied
|
|
Statutes
|
|
|
Related Cases
|
Hudson v. Dep't of Health and Human Res./Welch Cmty. Hosp., Docket No. 07-HHR-311 (March 21, 2008); McVay v. Wood County Bd. of Educ., Docket No. 95-54-041 (May 18, 1995)
|
|
Keywords
|
Suspension; Misconduct; Breaks; Mitigation
|
|
Intermediate Court of Appeals
|
|
|
Circuit Court
|
|
|
Supreme Court
|
|
|
Synopsis
|
Grievant was suspended for three days without pay for failing to take her lunch and rest breaks according to policy and not following the DHHR Employee Conduct Policy. She argues that the punishment was too severe and not in compliance with the DHHR discipline policy because she was issued a suspension before she received a written reprimand or warning. Respondent proved the allegations which were the basis for the discipline and that Grievant had previously been issued a written reprimand in compliance with the DHHR progressive discipline policy. Mitigation of the penalty was not proven to be appropriate.
|
Back to Results
Search Again