Database Search Result Details
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First Name
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LaTosha
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Last Name
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Greene
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Decision Date
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3/30/2018
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Docket Number
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2017-2502-CONS
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ALJ
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LGB
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Respondent
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Department of Health and Human Resources/Jackie Withrow Hospital
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Employment Type
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STATE
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Job Title
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Health Service Work
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Topics
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Suspension
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Primary Issues
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Whether Respondent proved that Grievant engaged in insubordinate behavior which supported the penalty imposed.
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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)
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Related Cases
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Young v. Div. of Nat'l Res., Docket No. 2009-0540-DOC (Nov. 13, 2009); Massey v. W. Va. Pub. Serv. Comm’n, Docket No. 99-PSC-313 (Dec. 13, 1999); Rogers v. W. Va. Reg’l Jail & Corr. Facility Auth., Docket No. 2009-0685-MAPS (Apr. 23, 2009); Riddle v. Bd. of Directors, So. W. Va. Community Coll., Docket No. 93-BOD-309 (May 31, 1994), aff’d, Cir. Ct. of Kanawha County, No. 94-AA-151 (Feb. 9, 1995); Stover v. Mason County Bd. of Educ., Docket No. 95-26-078 (Sept. 25, 1995); Reynolds v. Kanawha-Charleston Health Dep’t, Docket No. 90-H-128 (Aug. 8, 1990); Gill v. W. Va. Dep’t of Commerce, Docket No. COMM-88-031 (Dec. 23, 1988); Coddington v. W. Va. Dep’t of Health & Human Res., Docket Nos. 93-HHR-265/266/267 (May 19, 1994); Graley v. W. Va. Parkways Economic Dev. & Tourism Auth., Docket No. 91-PEDTA-225 (Dec. 23, 1991)
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Keywords
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Suspension; Insubordination; Misconduct; Mandated Overtime; Employee Conduct; Reprisal; Arbitrary and Capricious
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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 without pay for three days for insubordination involving a refusal to accept mandated overtime on one occasion, and for remarking on the motivation of her supervisors coming to her unit in the presence of a patient, and abruptly hanging up the phone during a conversation with the hospital’s CEO. Respondent established facts to support these charges by a preponderance of the evidence, thereby demonstrating good cause for Grievant’s suspension. Grievant failed to establish that her suspension represented a disproportionate penalty for the offenses proved, or that her suspension was taken in retaliation for her grievance activity.
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