Database Search Result Details
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First Name
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Delbert
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Last Name
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Starcher
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Decision Date
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1/10/2024
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Docket Number
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2023-0523-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 of Social Services
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Employment Type
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STATE
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Job Title
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Child Protection Services Worker
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Topics
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Disciplinary
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Primary Issues
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Whether Respondent was justified in demoting Grievant after he was left unable to perform the essential functions of his job following a non-job-related criminal conviction.
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Outcome
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Denied
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Statutes
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W.VA. CODE ST. R. § 156-1-3 (2018); W.VA. CODE ST. R. § 143-1-11.4 (2022); W. VA. CODE ST. R. § 143-1-12.2 (2022)
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Related Cases
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Leichliter v. W. Va. Dep't of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993); Smith v. Div. of Corr., Docket No. 2012-0412-MAPS (July 17, 2012); Syl. Pt. 1, Oakes v. W. Va. Dep't of Finance and Admin., 164 W. Va. 384, 264 S.E.2d 151 (1980); Guine v. Civil Serv. Comm'n, 149 W. Va. 461, 141 S.E.2d 364 (1965); Bird v. Kanawha Cty. Bd. of Educ., No. 18-0870 (W.Va. Supreme Court, Nov. 4, 2019)(memorandum decision)
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Keywords
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Disciplinary demotion
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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 employed by Respondent as a Child Protective Services Worker. Grievant was demoted due to the restrictions on his driver’s license imposed by his criminal conviction for driving under the influence of alcohol. An essential duty of a Child Protective Services Worker is transporting children. Respondent was justified in demoting Grievant for his inability to perform the essential duties of his position due to the restrictions on his driver’s license imposed by his criminal conviction for driving under the influence. Accordingly, the grievance is denied.
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