Database Search Result Details
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First Name
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Paula
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Last Name
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Perry
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Decision Date
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9/25/2017
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Docket Number
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2017-1077-DHHR
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ALJ
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BTC
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Respondent
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Department of Health and Human Resources/Bureau for Public Health
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Employment Type
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STATE
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Job Title
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Customer Service Representative
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Topics
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Termination; Dismissal
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Primary Issues
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Whether Respondent proved the charges of misconduct against Grievant and whether Grievant proved her services as a probationary employee were satisfactory.
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Outcome
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Denied
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Statutes
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W. Va. Code St. R. § 143-1-10.1(a) (2008)
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Related Cases
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Bonnell v. W. Va. Dep't of Corrections, Docket No. 89-CORR-163 (Mar. 8, 1990); Roberts v. Dep’t of Health & Human Res., Docket No. 2008-0958-DHHR (Mar. 13, 2009); Cosner v. Dep’t of Health & Human Res./William R. Sharpe, Jr. Hosp., Docket No. 08-HHR-008 (Dec. 30, 2008); Livingston v. Dep’t of Health & Human Res., Docket No. 2008-0770-DHHR (Mar. 21, 2008); Hammond v. Div. of Veteran’s Affairs, Docket No. 2009-0161-MAPS (Jan. 7, 2009); Burchell v. Bd. of Trustees, Marshall Univ., Docket No. 97-BOT-011 (Aug. 29, 1997)
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Keywords
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Termination; Probationary Employee; Unsatisfactory Performance; Misconduct
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to Kanawha County Circuit Court 11/7/2017 CA #17-AA-84 (Tabit); Affirmed 8/10/2018
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Supreme Court
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Synopsis
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Grievant was employed by Respondent as a probationary customer service representative in the Vital Registration Office of the Bureau of Public Health. Grievant was dismissed from her probationary employment for unsatisfactory performance and misconduct. Respondent proved the misconduct occurred. Grievant failed to prove her performance was satisfactory. Accordingly, the grievance is denied.
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