Database Search Result Details
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First Name
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Jada
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Last Name
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Thompson
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Decision Date
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2/9/2018
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Docket Number
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2018-0197-BBC
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ALJ
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LRB
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Respondent
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Board of Social Work
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Employment Type
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STATE
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Job Title
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Administrative Assistant
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Topics
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Termination; Dismissal
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Primary Issues
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Whether Grievant established that her discharge violates a substantial public policy.
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Outcome
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Denied
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Statutes
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W. Va. Code § 6C-2-2(o); W. Va. Code § 6 9A 3(e); W. Va. Code § 30-30-5(b)
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Related Cases
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Wilhelm, supra; Dye v. Dep't of Educ., Docket No. 99-DOE-217 (Sept. 16, 1999); Bellinger v. W. Va. Dep't of Pub. Safety, Docket No. 95-DPS-119 (Aug. 15, 1995); Williams v. Brown, 190 W. Va. 202, 437 S.E.2d 775 (1993); Jada Thompson v. WV Bd. of Social Work, Docket No. 2017-2065-BBC
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Keywords
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Termination; At-Will Employee; Retaliation; Credibility; Hostile Work Environment; Substantial Public Policy
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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 filed a grievance regarding the termination of her employment. Grievant held the position of Administrative Assistant with the West Virginia Board of Social Work. This position is an at-will position and is not within the classified system of the West Virginia Division of Personnel. Grievant contend the dismissal was illegal retaliation. Respondent maintains that Grievant was dismissed in the light of on-going performance issues which included identifiable deficits while highlighting that no reason was required.
The burden of proof is on an at-will employee to establish a violation of substantial public policy. If this burden is not met, the reasons for the termination are not at issue. Grievant was an at-will employee, and as such could be terminated for any reason that did not violate a substantial public policy. This grievance is DENIED.
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