Database Search Result Details
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First Name
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Sarah
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Last Name
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Kelly
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Decision Date
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10/6/2017
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Docket Number
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2017-2296-DOC
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ALJ
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LRB
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Respondent
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Workforce West Virginia
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Employment Type
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STATE
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Job Title
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Employment Programs Interviewer I
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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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W. Va. Code 6C-2-2(o)
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Related Cases
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Buskirk v. Civil Serv. Comm'n, 175 W. Va. 279, 332 S.E.2d 579 (1985); Edwards v. Berkeley County Bd. of Educ., Docket No. 89-02-234 (Nov. 28, 1989); Cook v. Div. of Natural Res., Docket No. 2009-0875-DOC (Jan. 22, 2010); Vance v. Jefferson County Bd. of Educ. Docket No. 02-19-272 (Oct. 31, 2002); Conner v. Barbour County Bd. of Educ., Docket No. 93-01-154 (Apr. 8, 1994)
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Keywords
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Termination; Performance Improvement Plan; Progressive Discipline; Job Performance; Due Process; Retaliation
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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 contests her dismissal. Grievant alleges nefarious rationale for the termination. From April 18, 2016, until her termination on May 30, 2017, Grievant was more or less continually on Performance Improvement Plans. During the course of her improvement plans, Grievant met with her supervisor on a bi-weekly basis for coaching and counseling. Ultimately, Grievant was terminated after an extended period of poor work performance. Respondent offered legitimate, non-retaliatory reasons for its action. Respondent’s position is fortified by evidence of record. This grievance is DENIED.
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