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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); Syl. Pt. 4, Donna S. v. Travis S., 246 W. Va. 634, 637, 874 S.E.2d 746 (2022); Syl. Pt. 1, West Virginia. Pub. Employees Ins. Bd. v. Blue Cross Hosp. Serv. Inc., 174 W. Va. 605, 328 S.E.2d 356 (1985); Freeman v. Poling, 175 W. Va. 814, 819, 338 S.E.2d 415, 421 (1985) (citing Carducci v. Regan, 714 F.2d 171, 177 (D.C. Cir. 1983)); Hatfield v. Health Mgmt. Assocs. of W. Va., Inc., 223 W. Va. 259, 266, 672 S.E.2d 395, 402, 2008 (2008); Frazier v. Gaither, 248 W. Va. 420, 425, 888 S.E.2d 920 (2023)
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Synopsis
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Grievant is employed by Respondent as a bus operator. Following an incident in which Grievant failed to check her bus for students and, as a result, left a child unattended on the running bus while she went to the bathroom, Grievant was placed on a 30-day suspension without pay by the Superintendent of Schools. Her unpaid suspension was ratified by Respondent; however, a December 21, 2023, letter memorializing that decision inadvertently stated that the suspension would be a paid suspension. The mistake was corrected in a subsequent letter.
Grievant does not dispute the validity of her suspension. She merely asserts that she relied, to her detriment, on the letter—which she asserts created a contract—stating that her suspension would be paid. Grievant seeks to be paid for her suspension, at least through January 16, 2024, when the mistake was corrected. The December 21st letter was not a contract, however. Moreover, Grievant failed to prove by a preponderance of the evidence that she suffered any prejudice or other harm due to the error. Accordingly, the grievance is DENIED.
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