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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11/8/2021
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Docket Number
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2021-2420-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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Child Protective Service Worker
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Topics
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Selection
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Primary Issues
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Whether Grievant established that he was more qualified for the Child Protective Service Supervisor position than the successful applicant.
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Outcome
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Denied
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Statutes
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W. Va. Code § 6C-2-2(o)
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Related Cases
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Thibault v. Div. of Rehab. Serv., Docket No. 93-RS-489 (July 29, 1994); Mihaliak v. Div. of Rehab. Serv., Docket No. 98-RS-126 (Aug. 3, 1998); 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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Selection; Minimum Qualifications; Job Specification; Job Duties; Arbitrary and Capricious
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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 Service Worker. Grievant challenges Respondent’s decision to seek approval from the Division of Personnel to promote another employee to the position of Child Protective Service Supervisor. Grievant failed to prove by a preponderance of the evidence that Respondent violated any law, rule, policy or regulation in selecting Ms. Loretta for the Child Protective Service Supervisor. Grievant failed to establish that he was more qualified for the Child Protective Service Supervisor position than the successful applicant. Grievant failed to establish a prima facie case of retaliation.
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