Database Search Result Details

First Name Kimberly
Last Name Trozzi
Decision Date 9/21/2015
Docket Number 2015-0880-GraCH
ALJ BLG
Respondent Grafton-Taylor Health Department
Employment Type STATE
Job Title CLRN III
Topics Termination; Dismissal
Primary Issues Whether Respondent demonstrated good cause for Grievant’s dismissal.
Outcome Granted
Statutes 143 C.S.R. 1 § 12.2(c); 143 C.S.R. 1 § 14.8(c).
Related Cases House v. Civil Serv. Comm'n, 181 W. Va. 49, 380 S.E.2d 226 (1989); Wolfe v. Dep’t of Health & Human Ser., Docket No. 2008-1863-CONS (Mar. 4, 2010); Bachman v. Potomac State Coll. of W. Va. Univ., docket no. 07-HE-198 (Jan. 17, 2008); Chapman v. Dep’t of Health and Human Res., Docket No. 06-HHR-277 (Oct. 31, 2006);Adkins v. W. Va. Dep’t of Health and Human Res., Docket No. 2011-1392-DHHR (Dec. 22, 2011)
Keywords Termination; Medical Leave of Absence; Job Abandonment; Notice
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant was dismissed from her employment by Respondent for job abandonment. Respondent granted Grievant an open-ended medical leave of absence without pay, and at the end of six months, failed to notify her that her medical leave of absence would end or had ended, or that she could request a personal leave of absence without pay. Respondent did not demonstrate that Grievant abandoned her job or that her dismissal was for good cause under the facts presented.

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