Database Search Result Details
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First Name
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Ralph
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Last Name
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Linger
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Decision Date
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5/12/2017
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Docket Number
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2016-0963-CONS
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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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Health Service Worker
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Topics
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Termination; Dismissal
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Primary Issues
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Whether Respondent had good cause to terminate Grievant.
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Outcome
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Denied
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Statutes
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Related Cases
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Oakes v. W. Va. Dep't of Fin. & Admin., 164 W. Va. 384, 264 S.E.2d 151 (1980); Guine v. Civil Serv. Comm'n, 149 W. Va. 461, 141 S.E.2d 364 (1965); Graley v. W. Va. Parkways Economic Dev. & Tourism Auth., Docket No. 91-PEDTA-225 (Dec. 23, 1991); Evans v. Tax & Revenue/Ins. Comm'n, Docket No. 02-INS-108 (Sept. 13, 2002); Twigg v. Hercules Corp., 185 W. Va. 155, 406 S.E.2d 52 (1990)
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Keywords
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Termination; Drug & Alcohol Testing; Reasonable Suspicion; Reporting to Work Intoxicated
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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 terminated form his position as a Health Service Worker after it was reported to hospital administration that Grievant was under the influence of alcohol. Grievant was confronted and agreed to a drug and alcohol test. Grievant’s alcohol test showed that Grievant had a blood alcohol level of .143. Drug and alcohol testing was appropriate because there was undisputed evidence that Grievant reported to work in an intoxicated condition, smelled of an alcoholic beverage and admitted that he had been drinking alcohol. Respondent demonstrated that Grievant was dismissed for good cause. Accordingly, this grievance is denied.
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