Database Search Result Details
|
First Name
|
Hamada
|
|
Last Name
|
Mahmoud
|
|
Decision Date
|
3/20/2017
|
|
Docket Number
|
2014-0303-DHHR
|
|
ALJ
|
BTC
|
|
Respondent
|
Department of Health and Human Resources/Bureau for Public Health
|
|
Employment Type
|
STATE
|
|
Job Title
|
Deputy Chief Medical Examiner
|
|
Topics
|
Termination; Dismissal; At-Will Employment
|
|
Primary Issues
|
Whether Respondent contravened substantial public policy in terminating Grievant, an at-will employee.
|
|
Outcome
|
Denied
|
|
Statutes
|
W. Va. Code St. R. § 156-1-3 (2008); 29 U.S.C. § 2601(a)(4); 29 U.S.C. § 825.216
|
|
Related Cases
|
Logan v. W. Va. Reg. Jail & Corr. Auth., Docket No. 94-RJA-225 (Nov. 29, 1994); Roach v. Reg. Jail Auth., 198 W. Va. 694, 699, 482 S.E.2d 679, 684 (1996); Wounaris v. W. Va. State College, 214 W. Va. 241, 588 S.E.2d 406 (2003); Vannoy v. FRB of Richmond, 827 F.3d 296, 304-305 (4th Cir. Va. 2016)
|
|
Keywords
|
Termination; Family and Medical Leave Act; Poor Performance; Substantial Public Policy; At-Will
|
|
Intermediate Court of Appeals
|
|
|
Circuit Court
|
Grievant appealed to Kanawha County Circuit Court on 4/24/17, Civil Action #17-AA-32; Affirmed 3/5/2018, King; G appealed to Supreme Court on 4/13/18, No. 18-0335; 6/7/19, Affirmed
|
|
Supreme Court
|
Grievant appealed to Supreme Ct 4/13/18; Affirmed 6/7/19, Workman disqualified
|
|
Synopsis
|
Grievant was employed by Respondent as a Deputy Medical Examiner in the Office of the Chief Medical Examiner. Respondent dismissed Grievant from employment while he was on Family and Medical Leave Act leave. The FMLA is a substantial public policy and Grievant proved retaliatory intent can be inferred as Respondent dismissed Grievant while he was on FMLA leave. However, Respondent proved it was not motivated to dismiss Grievant from employment to contravene the FMLA, but dismissed him for his long history of poor performance. Accordingly, the grievance is denied.
|
Back to Results
Search Again