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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7/22/2024
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Docket Number
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2024-0519-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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Suspension; Harassment; Disciplinary.
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Primary Issues
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Whether Respondent proved by a preponderance of the evidence that it was proper to issue a suspension to Grievant, after established reprimand, and, pursuant to the principles of progressive discipline
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Outcome
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DENIED
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Statutes
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W. VA. CODE § 6C-2-5(a), W. VA. CODE § 6C-2-5(b), W. VA. CODE § 29A-5-4(b), Procedural Rule of the W. Va. Public Employees Grievance Bd., 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. H-88-005 (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). See 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; Inappropriate Behavior; Counseling; Misconduct; Policy Memorandum 2108,
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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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