Database Search Result Details

First Name Debbie
Last Name Parsons
Decision Date 5/16/2022
Docket Number 2021-2543-CONS
ALJ BTC
Respondent Department of Health and Human Resources/Bureau for Children and Families
Employment Type STATE
Job Title Economic Services Worker
Topics Suspension
Primary Issues Whether Respondent had good cause to suspend Grievant.
Outcome Denied
Statutes W. Va. Code St. R. § 156-1-3 (2018); W. Va. Code § 6C-2-2(d)
Related Cases Carper v. Clay County Health Dep't, Docket No. 2012-0235-ClaCH (July 15, 2013); Cook v. Div. of Natural Res., Docket No. 2009-0875-DOC (Jan. 22, 2010); Vance v. Jefferson County Bd. of Educ., Docket No. 02-19-272 (Oct. 31, 2002); Warner v. Dep't of Health & Human Res., Docket No. 2012-0986-DHHR (Oct. 21. 2013); Frank's Shoe Store v. W. Va. Human Rights Comm'n, 179 W. Va. 53, 365 S.E.2d 251 (1986)
Keywords Suspension; Training; Policy; Discrimination; Reprisal; Arbitrary and Capricious
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant was employed by Respondent as an Economic Service Worker. Grievant protests her three-day suspension from employment. Respondent proved Grievant failed to comply with her supervisor’s directive to complete training and that it was justified in suspending her for three days for this failure pursuant to its policy. Grievant failed to prove that Respondent’s action was discriminatory, retaliatory, or untimely. Accordingly, the grievance is denied.

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