Database Search Result Details

First Name Allison
Last Name Saunders
Decision Date 5/18/2023
Docket Number 2022-0738-DHHR
ALJ BTC
Respondent DHHR
Employment Type State
Job Title Food Service Worker
Topics Suspension
Primary Issues Whether Respondent justifiably suspended Grievant for five days for her violation of food service safety practices after previous discipline for similar misconduct.
Outcome Denied
Statutes 42 C.F.R.
Related Cases Martin v. W. Va. Fire Comm’n, Docket No. 89-SFC-145 (Aug. 8, 1989).” Conner v. Barbour County Bd. of Educ., Docket No. 94- 01-394 (Jan. 31, 1995), aff’d, Kanawha Cnty. Cir. Ct. Docket No. 95-AA-66 (May 1, 1996), appeal refused, W.Va. Sup. Ct. App. (Nov. 19, 1996). Overbee v. Dep;t of Health and Human Resources/Welch Emergency Hosp., Docket No. 96-HHR- 183 (Oct. 3, 1996); Olsen v. Kanawha County Bd. of Educ., Docket No. 02-20-380 (May 30, 2003), aff’d, Kanawha Cnty. Cir. Ct. Docket No. 03-AA-94 (Jan. 30, 2004), appeal refused, W.Va. Sup. Ct. App. Docket No. 041105 (Sept. 30, 2004). Phillips v. Summers County Bd. of Educ., Docket No. 93-45-105 (Mar. 31, 1994); Cooper v. Raleigh County Bd. of Educ., Docket No. 2014- 0028-RalED (Apr. 30, 2014), aff’d, Kanawha Cnty. Cir. Ct. Docket No. 14-AA- 54 (Jan. 16, 2015). V Raleigh County Bd. of Educ., Docket No. 2014-0028-RalED (Apr. 30, 2014), aff’d, Kanawha Cnty. Cir. Ct. Docket No. 14-AA-54 (Jan. 16, 2015).
Keywords Lost wages, suspension
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant was employed by Respondent as a Food Service Worker at Lakin Hospital, a long-term care nursing home. Grievant grieved her five-day suspension from employment. Respondent proved it was justified in suspending Grievant for five days for her violation of food service safety practices after previous discipline for similar misconduct. Grievant failed to prove her punishment should be mitigated. Accordingly, the grievance is denied.

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