Database Search Result Details
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First Name
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Dereck
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Last Name
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Palmer
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Decision Date
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5/21/2024
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Docket Number
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2023-0816-DHHR
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ALJ
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RLR
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Respondent
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Department of Health and Human Resources/William R. Sharpe, Jr., Hospital
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Employment Type
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STATE
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Job Title
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Housekeeper
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Topics
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Disciplinary
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Primary Issues
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Whether Respondent acted properly in issuing a written reprimand to Grievant when he had been previously cautioned and coached about thee same behavior.
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Outcome
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Denied
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Statutes
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156 C.S.R. 1 § 3 (2018);
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Related Cases
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Ramey v. W. Va. Dep't of Health, Docket No. H88-005 (Dec. 6, 1988); Riggs v. Dep’t of Transp., Docket No. 2009-0005-DOT
(Aug. 4, 2009) citing Jackson v. State Farm Mut. Ins. Co., 215 W. Va. 634, 640, 600
S.E.2d 346, 352 (2004); Leichliter v. W. Va. Dep’t of Health & Human Res., Docket
No. 92-HHR-486 (May 17, 1993); Napier v. Stratton, 204 W. Va. 415, 513 S.E.2d
463, 467 (1998); Hanlon v. Chambers, 195 W. Va. 99, 464 S.E.2d 741 (1995); Lanehart v. Logan County Bd. of Educ., Docket No. 97-23-088 (June 13, 1997); Graley v. W. Va. Parkways
Economic Div. and Tourism Auth., Docket No. 99-PEDTA-406 (Oct. 31, 2000)
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Keywords
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written reprimand
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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 is employed by the William R. Sharpe, Jr. Hospital as a housekeeper.
Grievant was issued a written reprimand for inappropriate comments to fellow employees. Respondent established the allegations of clear policy violations by a preponderance of the evidence. Grievant acknowledged that he had been cautioned and coached by Sharpe staff to be vigilant to act with civility and proper decorum when interacting with fellow employees. It was proper to issue a written reprimand to Grievant when his misconduct continued.
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