Database Search Result Details
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First Name
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Sonya
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Last Name
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Butcher
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Decision Date
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5/8/2024
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Docket Number
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2021-1497-DHHR
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ALJ
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JSF
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Respondent
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Dept. of Health and Human Resources/William R. Sharpe Hospital
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Employment Type
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STATE
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Job Title
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RN/Nurse Manager
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Topics
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Disciplinary; Compensation
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Primary Issues
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Whether Respondent was justified in placing Grievant on an upaid suspension for prohibited conduct, insubordination, and unprofessionalism.
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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)
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Related Cases
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Leichliter v. Dep't of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993), aff’d, Pleasants Cnty. Cir. Ct. Civil Action No. 93-APC-1 (Dec. 2, 1994); Butts v. Higher Educ. Interim Governing Bd., 212 W. Va. 209, 212, 569 S.E.2d 456, 459 (2002) (per curiam); Wiley v. Div. of Natural Res., Docket No. 96-DNR-515 (Mar. 26, 1988); Linger v. Dep’t of Health & Human Res., Docket No. 2010-1490-CONS (Dec. 5. 2012)
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Keywords
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Suspension without pay; Back pay
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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 suspended by Respondent without pay for leaving work during a Code White, which mandated that she stay put, and for making a derogatory statement towards coworkers. Respondent proved the prohibited conduct, which constituted insubordination and unprofessionalism. In line with progressive discipline, Respondent proved unpaid suspension was justified. Accordingly, the grievance is DENIED.
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