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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7/16/2024
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Docket Number
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2024-0519-DHF
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ALJ
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RLR
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Respondent
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Department of Health Facilities/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 it was proper to issue a 10-day suspenstion to Grievant after he had been cautioned, coached, and issued a written reprimand for the same behavior previously.
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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); Santer v. Kanawha County Bd. of Educ., Docket No. 03-20-092 (June 30, 2003); Butts v. Higher Educ. Interim Governing Bd., 212 W. Va. 209, 569 S.E.2d 456 (2002) (per curiam); Riddle v. Bd. of Directors, So. W. Va. Community College, Docket No. 93-BOD-309 (May 31, 1994); Webb v. Mason County Bd. of Educ., Docket No. 26-89-004 (May 1, 1989)
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Keywords
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Suspension without 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 is employed by the William R. Sharpe, Jr. Hospital as a housekeeper.
Grievant was issued a ten-day suspension for comments to fellow employees after being told repeatedly to change his behavior. Respondent established the allegations by a preponderance of the evidence. Grievant acknowledged that he had been reprimanded 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 suspension pursuant to the principles of progressive discipline to Grievant when his misconduct continued.
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