Database Search Result Details

First Name Stephanie
Last Name Sheffield
Decision Date 5/20/2021
Docket Number 2020-0907-MAPS
ALJ CHL
Respondent Division of Corrections and Rehabilitation/Bureau of Juvenile Services
Employment Type STATE
Job Title Corrections Case Manager
Topics Pay Increase
Primary Issues Whether Grievant provided that Respondent denied her request for an internal equity pay increase in a manner that was discriminatory, or otherwise contrary to law, policy, or rule.
Outcome Denied
Statutes
Related Cases Largent v. W. Va. Div. of Health and Div. of Personnel, 192 W. Va. 239, 452 S.E.2d 42 (1994); Nafe v. W. Va. Dep't of Health & Human Resources, Docket No. 96-HHR-386 (Mar. 26, 1997); Nafe v. W. Va. Dep't of Health & Human Res., Docket No. 96-HHR-386 (Mar. 26, 1997); Brutto v. W. Va. Dep't of Health & Human Res., Docket No. 96-HHR-076 (July 24, 1996); Salmons v. W. Va. Dep't of Transp., Docket No.94-DOH-555 (Mar. 20, 1995); Hickman v. W. Va. Dep't of Transp., Docket No. 94-DOH- 435 (Feb. 28, 1995); Tennant v. W. Va. Dep't of Health & Human Res., Docket No. 92- HHR-453 (Apr. 13, 1993); Acord v. W. Va. Dep't of Health & Human Res., Docket No. 91- H-177 (May 29, 1992). See AFSCME v. Civil Serv. Comm'n, 181 W. Va. 8, 380 S.E.2d 43 (1989); Nelson v. Dep't of Health and Human Resources, Docket No. 05-HHR-315 (May 16, 2006); Childress v. State Police and Div. of Personnel, Docket No. 2008-0195-MAPS (Nov. 25, 2009), aff’d, Kanawha Cnty. Cir. Ct. Docket No. 09-AA-201 (Jan. 10, 2011), aff’d, W.Va. Sup. Ct. App. Docket No. 11-0329 (Mar. 9, 2012); Lucas v. Dep’t Health & Human Res., Docket No. 07-HHR-141 (May 14, 2008); Morgan v. Dep’t Health & Human Res., Docket No. 07-HHR-131 (June 5, 2008); Bedford County Memorial Hosp. v. Health & Human Serv., 769 F.2d 1017 (4th Cir. 1985); Yokum v. W. Va. Schools for the Deaf and the Blind, Docket No. 96-DOE-081 (Oct. 16, 1996); Trimboli v. Dep’t of Health & Human Res., Docket No. 93-HHR-322 (June 27, 1997), aff’d Mercer Cnty. Cir. Ct. Docket No. 97-CV-374-K (Oct. 16, 1998)
Keywords Internal Equity Pay Increase; Pay Plan Policy; Classification; Pay Range; Arbitrary and Capricious; Discrimination
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant is employed by Respondent as a Corrections Case Manager. Grievant sought an internal equity pay increase pursuant to the Division of Personnel Pay Plan Policy. Respondent reviewed Grievant’s request and determined that, while Grievant may have met the criteria set forth in DOP’s policy, it would not approve Grievant’s pay raise. Grievant appears to argue that Respondent’s decision to deny her an internal equity pay increase was incorrect, improper, or unlawful, and should be reversed. Respondent asserts that as internal equity pay increases are discretionary, it was not required to grant Grievant’s internal equity pay increase and that the decision to deny the pay increase was lawful and reasonable. Grievant failed to prove her claims by a preponderance of the evidence. Accordingly, this grievance is DENIED.

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