Database Search Result Details
|
First Name
|
Marcus
|
|
Last Name
|
Strader
|
|
Decision Date
|
10/20/2017
|
|
Docket Number
|
2016-1585-CONS
|
|
ALJ
|
RLR
|
|
Respondent
|
Department of Health and Human Resources/William R. Sharpe, Jr. Hospital
|
|
Employment Type
|
STATE
|
|
Job Title
|
Housekeeper
|
|
Topics
|
Termination; Dismissal
|
|
Primary Issues
|
Whether Grievant was dismissed for good cause.
|
|
Outcome
|
Denied
|
|
Statutes
|
|
|
Related Cases
|
Twigg v. Hercules Corp., 185 W. Va. 155, 406 S.E.2d 52 (1990); Oakes v. W. Va. Dep't of Finance & Admin., 164 W. Va. 384, 264 S.E.2d 151 (1980); Guine v. Civil Serv. Comm'n, 149 W. Va. 461, 141 S.E.2d 364 (1965)
|
|
Keywords
|
Termination; Policy; For-Cause Alcohol And Drug Screen
|
|
Intermediate Court of Appeals
|
|
|
Circuit Court
|
|
|
Supreme Court
|
|
|
Synopsis
|
Respondent was provided with a report that Grievant appeared sluggish, slow in speech and his eyes were bloodshot when he started his work shift. Based on this report, Respondent had reasonable suspicion to conduct a for-cause drug and alcohol test. Respondent’s policy also provided for the testing of other listed controlled substances. Grievant was informed that a test would be conducted for alcohol and drugs, to which he consented. The results of that testing were positive for marijuana. Grievant admitted to using marijuana during the predetermination conference. Nothing improper about the testing appeared in the record, and Respondent established good cause for the termination of Grievant’s employment.
|
Back to Results
Search Again