Database Search Result Details
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First Name
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Kelly
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Last Name
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Clark
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Decision Date
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11/1/2017
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Docket Number
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2017-2133-CONS
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ALJ
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WBM
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Respondent
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Department of Health and Human Resources/Bureau for Children and Families
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Employment Type
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STATE
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Job Title
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Child Protective Service Worker Trainee
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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 was justified to terminate Grievant’s probationary contract for violating DHHR policy.
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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; W. Va. Code St. R. § 143-1-12.2
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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); Livingston v. Dep’t of Health & Human Res., Docket No. 2008-0770-DHHR (Mar. 21, 2008); Bonnell v. W. Va. Dep't of Corr., Docket No. 89-CORR-163 (Mar. 8, 1990); Warner v. Dep’t of Health & Human Res., Docket No. 07-HHR-409 (Nov. 18, 2008); Miller v. W. Va. Dep’t of Health & Human Res., Docket No. 96-HHR-501 (Sept. 30, 1997)
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Keywords
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Termination; Probationary Employee; Improper Language; Employee Conduct; Unsatisfactory Performance; Hearsay
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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 probationary employment for violating DHHR policies by using profane words and derogatory comments when talking to a client. Grievant argued that she was following her training by using the same language used by the client. Respondent proved that DHHR policies prohibit use of profanity when dealing with clients and that it is counter to the program philosophy denigrate clients by questioning their intelligence.
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