Database Search Result Details
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First Name
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Twan
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Last Name
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Reynolds
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Decision Date
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4/14/2023
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Docket Number
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2023-0066-DHS
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ALJ
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LRB
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Respondent
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Department of Homeland Security/Mount Olive Correctional and Jail
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Employment Type
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State
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Job Title
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Corporal
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Topics
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Back wages; Tobacco-Free Discount
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Primary Issues
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Whether Grievant established, by a preponderance, Respondent to be culpable for the erroneous collection and/or reimbursement of a portion of his wages, representing a PEIA’s tobacco-free discount, that has not been applied to his health insurance premiums.
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Outcome
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Denied
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Statutes
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W. VA. CODE § 6C-2-1(a); W.VA. CODE ST. R. § 156-1-6.2 (2018)
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Related Cases
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Keywords
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PEIA’s Tobacco-Free Discount; Enrollment Form; Public Employees Insurance Agency
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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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The Public Employees Grievance Procedure was established to allow public employees and their employers to reach solutions to problems which arise within the scope of their respective employment relationships. Grievant alleges his employer, Responsible is culpable and responsible for the reimbursement of an amount in excess of three thousand dollars, (back pay) representing a PEIA’s tobacco-free discount that has not been applied to his health insurance premiums since April 2016, when he submitted a Change-in-Status Form that removed his former spouse, a tobacco-user, from his insurance plan following their divorce. Grievant has raised no claims of discrimination, favoritism, harassment, reprisal, or any other claim in his grievance. Respondent employer asserts that it is not responsible for Grievant’s failure to submit an updated Tobacco-Affidavit, as required by PEIA to apply the discount, and that it has not violated any statutes, rules, policies, or regulations. Grievant did not meet his burden of proof. Grievant did not establish by a preponderance Respondent to be culpable for the collection and/ or reimbursement of monies collected from his salary. Accordingly, this grievance is DENIED.
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