Database Search Result Details
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First Name
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Chester
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Last Name
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Sprankle
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Decision Date
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7/20/2021
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Docket Number
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2021-2173-CONS
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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/Bureau for Children and Families
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Employment Type
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STATE
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Job Title
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CPS Crisis Worker
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Topics
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Temporarily Upgrade
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Primary Issues
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Whether Grievant proved that Respondent violated any law, rule, policy or regulation in providing a temporary upgrade to one of its employees.
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Outcome
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Denied
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Statutes
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W. Va. Code § 143-1-4.8; W. Va. Code § 6C-2-2(o)
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Related Cases
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Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 542 [84 L. Ed. 2d 494, 105 S. Ct. 1487] (1985); Coddington v. W. Va. Dep’t of Health & Human Res., Docket Nos. 93-HHR-265/266/267 (May 19, 1994); Graley v. W. Va. Parkways Economic Dev. & Tourism Auth., Docket No. 91-PEDTA-225 (Dec. 23, 1991)
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Keywords
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Temporarily Upgrade; Due Process Rights; Retaliation
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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 by Respondent as a Child Protective Services Worker. Respondent was given approval by the Division of Personnel to award another Child Protective Service Worker in Grievant’s office a temporary upgrade to a supervisor’s position. Grievant filed this action challenging Respondent’s action in awarding another employee this temporary upgrade. Grievant failed to prove by a preponderance of the evidence that Respondent violated any law, rule, policy or regulation in providing this temporary upgrade. Grievant failed to establish that Respondent violated the Due Process clause of the West Virginia Constitution. Grievant failed to prove an adverse employment action was taken against him. Therefore, Grievant failed to establish a prima facie case of retaliation. This grievance is denied.
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