Database Search Result Details
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First Name
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Kenneth
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Last Name
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Thompson
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Decision Date
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2/12/2018
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Docket Number
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2017-1164-CONS
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ALJ
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RLR
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Respondent
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Department of Health and Human Resources/William R. Sharpe, Jr. Hospital
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Employment Type
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STATE
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Job Title
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Health Service Worker
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Topics
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Suspension
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Primary Issues
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Whether Respondent met its burden of proof and demonstrated Grievant engaged in gross misconduct.
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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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Graley v. W. Va. Parkways Economic Dev. & Tourism Auth., Docket No. 91-PEDTA-225 (Dec. 23, 1991); Buskirk v. Civil Serv. Comm'n, 175 W. Va. 279, 332 S.E.2d 579 (1985); Evans v. Tax & Revenue/Ins. Comm'n, Docket No. 02-INS-108 (Sept. 13, 2002)
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Keywords
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Suspension; Gross Misconduct; Sexual Harassment Allegation; Sexually Inappropriate Comments
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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 suspended for five days for making harassing and inappropriate comments to a co-worker. Record established that Respondent had worked with Grievant to address this behavior through prior coaching and counseling. Respondent met its burden of proof and established by a preponderance of the evidence that Grievant engaged in gross misconduct when he made inappropriate comments to a female co-worker and failed to abide by Respondent’s directive to limit his contract with this co-worker.
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