Database Search Result Details
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First Name
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Debra
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Last Name
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Sviridenko
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Decision Date
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6/15/2017
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Docket Number
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2017-1771-WVU
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ALJ
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BLG
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Respondent
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West Virginia University
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Employment Type
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HE
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Job Title
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Materials Handler
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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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Graley v. W. Va. Parkways Economic Dev. & Tourism Auth., Docket No. 91-PEDTA-225 (Dec. 23, 1991); Buskirk v. Civil Serv. Comm'n, 175 W. Va. 279, 332 S.E.2d 579 (1985); Evans v. Tax & Revenue/Ins. Comm'n, Docket No. 02-INS-108 (Sept. 13, 2002); Jolliffe v. W. Va. Univ., Docket No. 2013-0970-WVU (June 25, 2013); Symns v. W. Va. Dep’t of Transp., Docket No. 94-DOH-091 (July 7, 1994); Martin v. W. Va. [State] Fire Comm'n, Docket No. 89-SFC-145 (Aug. 8, 1989); Meadows v. Logan County Bd. of Educ., Docket No. 00-23-202 (Jan. 31, 2001); Huffstutler v. Cabell County Bd. of Educ., Docket No. 97-06-150 (Oct. 31, 1997)
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Keywords
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Termination; Theft; Gross Misconduct; Mitigation; Prospects for Rehabilitation
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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’s employment was terminated by Respondent for theft. Grievant admitted to the misconduct, but argued the penalty imposed was too severe, pointing to her offer of restitution, counseling, and community service, and her statement that she was remorseful, and she could be rehabilitated. Respondent no longer trusts Grievant. Grievant did not demonstrate that the penalty imposed was disproportionate to the offense.
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