Database Search Result Details
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First Name
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David
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Last Name
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Austin
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Decision Date
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2/17/2016
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Docket Number
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2016-0125-MAPS
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ALJ
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WBM
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Respondent
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Division of Corrections/Mount Olive Correctional Complex
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Employment Type
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STATE
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Job Title
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Correctional Officer
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Topics
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Termination; Dismissal
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Primary Issues
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Whether Grievant, a probationary employee, proved that his overall performance was satisfactory.
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Outcome
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Denied
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Statutes
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143 C.S.R. 1 § 10.1(a); W. Va. Code § 6C 2 2 (d)
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Related Cases
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Mendenhall v. Dep’t of Health & Human Res./Bureau for Children & Families, Docket No. 2011-0997-CONS (Apr. 26, 2011); Burchfield v. Div. of Highways, Docket No. 2010-1498-DOT (Apr. 5, 2011); Bonnell v. W. Va. Dep't of Corr., Docket No. 89-CORR-163 (Mar. 8, 1990); Roberts v. Dep’t of Health & Human Res., Docket No. 2008-0958-DHHR (Mar. 13, 2009)
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Keywords
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Termination; Probationary Employee; Sleeping on Post; Unsatisfactory Performance; Discrimination
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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 was a probationary Correctional Officer assigned to Mount Olive Correctional Complex, the State’s maximum security facility which houses inmates who have been convicted of the most serious offences. During his short employment at Mount Olive, Grievant had been warned to stay alert while on duty and had been found sleeping on post twice. Respondent decided not to retain Grievant as a permanent employee. Grievant argues that he is a good employee and his dismissal constitutes discrimination since the typical penalty for a second “sleeping on post” offence for a permanent employee is a ten-day suspension. Grievant did not prove that his performance as a probationary employee was satisfactory. Respondent was justified in terminating Grievant’s probationary employment.
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