Database Search Result Details
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First Name
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Kimberly
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Last Name
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Conley
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Decision Date
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9/28/2017
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Docket Number
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2017-2142-MAPS
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ALJ
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BTC
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Respondent
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Regional Jail and Correctional Facility Authority/Southwestern Regional Jail
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Employment Type
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STATE
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Job Title
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Correctional Officer
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Topics
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Termination; Dismissal
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Primary Issues
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Whether Respondent’s decision to terminate Grievant’s probationary employment was arbitrary and capricious.
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Outcome
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Denied
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Statutes
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W. VA. Code St. R. § 156-1-3 (2008); W. Va. Code St. R. § 143-1-10.1(a) (2008)
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Related Cases
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Cosner v. Dep’t of Health & Human Res./William R. Sharpe, Jr. Hosp., Docket No. 08-HHR-008 (Dec. 30, 2008); Lott v. Div. of Juvenile Serv., Docket No. 99-DJS-278 (Dec. 16, 1999); Bonnell v. W. Va. Dep't of Corrections, Docket No. 89-CORR-163 (Mar. 8, 1990); Hammond v. Div. of Veteran’s Aff's, Docket No. 2009-0961-MAPS (Jan. 7, 2009); McCoy v. W. Va. Dep’t of Transp., Docket No. 98-DOH-399 (June 18, 1999); Nicholson v. W. Va. Dep’t of Health & Human Res., Docket No. 99-HHR-299 (Aug. 31, 1999)
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Keywords
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Termination; Probationary Employee; Misconduct; Employee Code of Conduct; Progressive Discipline; Arbitrary and Capricious
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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 by Respondent as a probationary correctional officer at Southwestern Regional Jail. Grievant’s probationary employment was terminated for Grievant’s misconduct in violating multiple provisions of Respondent’s Code of Conduct. Respondent proved the alleged misconduct occurred and its decision to terminate Grievant’s probationary employment for the misconduct was not arbitrary and capricious. Accordingly, the grievance is denied.
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