Database Search Result Details
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First Name
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Ken
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Last Name
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Snider
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Decision Date
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9/18/2017
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Docket Number
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2017-1168-DHHR
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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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64 C.S.R. 59 § 3.13
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Related Cases
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Holly v. Logan County Bd. of Educ., Docket No. 96-23-174 (Apr. 30, 1997); Hanshaw v. McDowell County Bd. of Educ., Docket No. 33-88-130 (Aug. 19, 1988); Oakes v. W. Va. Dep't of Finance & 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)
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Keywords
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Termination; Dismissal; Physical Abuse; Patient Abuse and Neglect
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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 employed as a Health Service Worker at the William R. Sharpe, Jr. Hospital, a state psychiatric facility. A patient grievance alleging physical abuse was filed against Mr. Snider in August 2016. Two co-workers reported that Grievant used a choke hold on a patient, and a doctor and nurse noted red marks on the patient’s neck after the event. Grievant was reassigned pending an investigation. Subsequently, it was substantiated that physical abuse had occurred, and Mr. Snider was dismissed. Respondent established by a preponderance of the evidence that good cause existed to terminate the employment of Grievant.
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