Database Search Result Details
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First Name
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Mike
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Last Name
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Duminiak
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Decision Date
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10/25/2017
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Docket Number
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2017-2342-CONS
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ALJ
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BTC
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Respondent
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Water Development Authority
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Employment Type
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STATE
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Job Title
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Geographic Information System Manager 2
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Topics
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Termination; Dismissal
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Primary Issues
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Whether Respondent proved it had legitimate, non-retaliatory reasons to terminate Grievant’s employment.
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Outcome
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Granted
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Statutes
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W. Va. Code § 6C-2-3(h)
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Related Cases
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Oakes v. W. Va. Dep't of Finance & Admin., 164 W. Va. 384, 264 S.E.2d 151 (1980); Coddington v. W. Va. Dep’t of Health & Human Res., Docket Nos. 93-HHR-265/266/267 (May 19, 1994); Graley v. W. Va. Parkways Economic Dev. & Tourism Auth., Docket No. 91-PEDTA-225 (Dec. 23, 1991); Matney v. Dep’t of Health & Human Res., Docket No. 2012-1099-DHHR (Nov. 12, 2013)
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Keywords
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Termination; Offensive Messages; Misconduct; 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 was employed by Respondent as a Geographic Information System Manager 2. Grievant was dismissed from employment for alleged misuse of State property for personal and inappropriate purposes after Grievant filed a complaint with the West Virginia Ethics Commission against Respondent’s Executive Director for using his public office for private gain. Grievant established a prima facie case of retaliation. Respondent failed to prove it had legitimate, non-retaliatory reasons to terminate Grievant’s employment, as it failed to prove the majority of the charges against Grievant and did not have good cause to terminate Grievant’s employment based on the limited misconduct it did prove. Given the timing of the charges, the exaggeration of the charges, the absolute failure of proof of most of the charges, the Executive Director’s attempt to get Grievant to withdraw the ethics complaint, and his intimidation of Grievant during the suspension meeting, it is more likely than not that Grievant was terminated in retaliation for filing an ethics complaint against the Executive Director. Accordingly, the grievance is granted.
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