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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Katona
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Decision Date
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1/16/2018
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Docket Number
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2018-0133-DHHR
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ALJ
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CHL
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Respondent
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Department of Health and Human Resources/Lakin Hospital
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Employment Type
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STATE
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Job Title
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Housekeeper
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Topics
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Probationary Employee; Dismissed
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Primary Issues
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Whether Respondent proved by a preponderance of the evidence that its motion to dismiss should be granted.
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Outcome
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Dismissed; Failure to Pursue
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Statutes
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W. Va. Code § 6C-2-1; W. Va. Code St. R. § 156-1-6.2 (2008); W. Va. Code St. R. § 156-1-1 (2008); W. Va. Code St. R. § 156-1-6.19. (2008); W. Va. Code ST. R. § 156-1-6.19.2 (2008); W. Va. Code ST. R. § 156-1-6.19.3 (2008)
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Related Cases
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Leichliter v. W. Va. Dep't of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993)
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Keywords
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Dismiss; Abandonment; Probationary Employee; Appealable Dismissal Order
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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 Housekeeper. Grievant was a probationary employee. Respondent dismissed Grievant from employment, and Grievant filed this grievance. The matter proceeded to a level three hearing. However, while questioning one of Respondent’s witnesses during the hearing, Grievant began to yell at the witness, then stormed out of the hearing, and left the premises. Thereafter, Respondent moved for dismissal based upon abandonment. Grievant filed no response to the motion, and ceased communicating with the Grievance Board. Respondent proved by a preponderance of the evidence that the grievance should be dismissed for abandonment. Therefore, the grievance is DISMISSED.
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