Database Search Result Details
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First Name
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Monica
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Last Name
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Church
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Decision Date
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5/24/2022
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Docket Number
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2022-0411-DHHR
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ALJ
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BTC
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Respondent
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Department of Health and Human Resources/Bureau for Medical Services
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Employment Type
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STATE
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Job Title
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Administrative Services Manager III
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Topics
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Dismissal; Termination
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Primary Issues
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Whether Grievant proved that her services were satisfactory or that Respondent’s decision to terminate her employment was arbitrary and capricious.
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Outcome
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Denied
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Statutes
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W. Va. Code St. R. § 143-1-10.1.a. (2016)
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Related Cases
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Bush v. Dep’t of Transp., Docket No. 2008-1489-DOT (Nov. 12, 2008); Livingston v. Dep’t of Health and Human Res., Docket No. 2008-0770-DHHR (Mar. 21, 2008); Hammond v. Div. of Veteran’s Affairs, Docket No. 2009-0961-MAPS (Jan. 7, 2009); 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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Termination; Probationary Employee; Job Duties; Unsatisfactory Performance; 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 was a probationary employee employed by Respondent within the Bureau for Medical Services’ Finance Division as an Administrative Services Manager III serving as the Director of Finance. Grievant protests the termination of her employment for unsatisfactory performance. Grievant failed to prove that her services were satisfactory or that Respondent’s decision to terminate her employment was arbitrary and capricious. Accordingly, the grievance is denied.
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