Database Search Result Details
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First Name
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Brent
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Last Name
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Hamlin
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Decision Date
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7/6/2022
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Docket Number
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2022-0203-DOT
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ALJ
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LRB
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Respondent
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Division of Highways
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Employment Type
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STATE
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Job Title
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Night Shift Supervisor Manager
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Topics
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Suspension
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Primary Issues
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Whether Respondent established by a preponderance of the evidence justification for disciplinary action.
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Outcome
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Denied
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Statutes
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West Virginia DOT Policy 3.26, Prohibited Workplace Harassment
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Related Cases
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Buskirk v. Civil Serv. Comm'n, 175 W. Va. 279, 332 S.E.2d 579 (1985); Martin v. W. Va. Fire Comm'n, Docket No. 89-SFC-145 (Aug. 8, 1989)
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Keywords
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Suspension; Non-discriminatory Hostile Workplace Harassment; Harassing Behavior
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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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Respondent contends Grievant, employed as a Night Shift Supervisor Manager, has demonstrated poor and unwise behavior to the point of being in violation of “Non-discriminatory Hostile Workplace Harassment.” Grievant was given a one-day suspension and required to take additional supervisor training. This disciplinary measure occurred subsequent to two separate personnel incidents. Respondent and Grievant disagree upon the significance of events. Grievant contends his due process rights were violated and maintains he hasn’t done anything wrong. By a preponderance of the evidence, Respondent established prohibited workplace harassment conduct. Respondent highlighted that the behavior was unacceptable for a supervisor and cites progressive disciplinary action. This grievance is denied.
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