Database Search Result Details
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First Name
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Bobbie
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Last Name
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Weekley-Chambers
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Decision Date
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10/9/2020
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Docket Number
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2020-0685-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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Housekeeper
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Topics
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Suspension
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Primary Issues
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Whether Respondent proved by a preponderance of evidence that it had cause to suspend Grievant.
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Outcome
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Denied
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Statutes
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W. Va. Code St. R. § 156-1-3 (2018)
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Related Cases
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Butts v. Higher Educ. Interim Governing Bd., 212 W. Va. 209, 212, 569 S.E.2d 456, 459 (2002); Day v. Morgan Co. Health Dep’t, Docket No. 07-CHD-121 (Dec. 14, 2007); Jones v. W. Va. Dep’t of Health & Human Res., Docket No. 96-HHR-371 (Oct. 30, 1996)
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Keywords
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Suspension; Misconduct; Progressive Discipline; Insubordination
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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 was employed by Respondent as a Housekeeper. Respondent suspended Grievant for three days for engaging in misconduct by disobeying Lead Housekeeper Barton and throwing a bag of trash at him. Respondent contends that the suspension was warranted because Barton was her superior and supervisor and Grievant had prior corrective action. Grievant contends she was never told that Barton was in charge that day, a misunderstanding that was further confounded when Barton deferred as usual to assignments from a more senior Lead. Grievant asserts she does not remember throwing anything and that Respondent did not present sufficient evidence thereof. Respondent proved that it had cause to suspend Grievant as part of progressive discipline for disobeying, throwing an empty paper bag at, and yelling at her superior. Accordingly, the grievance is DENIED.
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