Database Search Result Details
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First Name
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Bruce
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Last Name
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Wilson
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Decision Date
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10/17/2017
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Docket Number
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2017-2172-DOR
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ALJ
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WBM
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Respondent
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Tax Department
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Employment Type
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STATE
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Job Title
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Paralegal
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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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Butts v. Higher Educ. Interin Governing Bd., 212 W. Va. 209, 569 S.E.2d 456 (2002); Reynolds v. Kanawha-Charleston Health Dep't, Docket No. 90-H-128 (Aug. 8, 1990); Cornell v. Brooke County Bd. of Educ., Docket No. 2013-1289-BroED (Aug. 2013); Napier v. Stratton, 204 W. Va. 415, 513 S.E.2d 463, 467 (1998); Hanlon v. Chambers, 195 W. Va. 99, 464 S.E.2d 741 (1995); Graley v. W.Va. Parkways Economic Dev. & Tourism Auth., Docket No. 91-PEDTA-225 (Dec 23, 1991); Poke v. Human Rights Comm'n, Docket No. 2014-1196-HRC (Mar, 18, 2015); Hudson v. Dep't of Health & Human Res./ Welch Cmty. Hosp., Docket No. 07-HHR-311 (March 21, 2008); Crites v. Dep’t of Health & Human Ser., Docket No. 2011-0216-DHHR (Nov. 16, 2011)
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Keywords
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Termination; Gross Misconduct; Insubordination; Willfully Refusing Duties; Hostile Work Environment; Job Duties; Progressive Discipline; Mitigation
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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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Respondent terminated Grievant’s employment based upon allegations of insubordination and creating a hostile work environment. Grievant argues that any insubordination was caused by frustration created when Respondent continually assigned him work outside of his classification, and that termination was out of proportion to any misconduct Grievant may have committed. Respondent proved that Grievant was insubordinate and that mitigation was not required.
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