Database Search Result Details
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First Name
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Donald
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Last Name
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Hall
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Decision Date
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2/9/2018
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Docket Number
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2018-0439-DOT
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ALJ
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BLG
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Respondent
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Division of Highways
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Employment Type
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STATE
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Job Title
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HWETR
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Topics
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Termination; Dismissal
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Primary Issues
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Whether Respondent demonstrated good cause for dismissal of 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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House v. Civil Serv. Comm'n, 181 W. Va. 49, 380 S.E.2d 226 (1989); Martin v. W. Va. Fire Comm'n, Docket No. 89-SFC-145 (Aug. 8, 1989); Phillips v. Summers County Bd. of Educ., Docket No. 93-45-105 (Mar. 31, 1994); Austin v. Kanawha County Bd. of Educ., Docket No. 97-20-089 (May 5, 1997); Pingley v. Div. of Corr., Docket No. 95-CORR-252 (July 23, 1996)
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Keywords
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Termination; Unauthorized Leave; Work Performance; Mitigation; Alcohol Abuse; Failure to Report; Failure to Call Off
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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 dismissed from his employment by Respondent for unauthorized leave after he reported to work late or failed to report to work, and did not call in to report off work, on multiple occasions. Grievant was suspended for this behavior five times prior to being dismissed, yet did not correct his behavior. Grievant’s behavior was caused by his abuse of alcohol, and he was aware of this, and sought help from Respondent. Respondent’s personnel provided Grievant with information to contact a substance abuse facility, but Grievant did not follow through in getting help for his alcohol abuse problems. Respondent proved the charges against Grievant. Grievant did not provide evidence of any mitigating circumstances which would support a reduction of the penalty imposed.
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