Database Search Result Details
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First Name
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Beverly
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Last Name
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Crews
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Decision Date
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4/26/2018
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Docket Number
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2017-2120-DVA
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ALJ
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WBM
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Respondent
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Department of Veterans Assistance
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Employment Type
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STATE
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Job Title
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Director of Nursing
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Topics
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Termination; Dismissal
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Primary Issues
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Whether Respondent proved Grievant committed insubordination and violated agency policies.
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Outcome
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Denied
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Statutes
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38 CFR 1 § 17.33; W. Va. Code § 6C-2-2(o)
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Related Cases
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Cobb v. Dep’t of Admin./General Services Div., Docket No. 97-ADMN-404/455 (May 26, 1999); Wiley v. Dept. of Natural Res., Docket No. 96-DNR-515 (March 26, 1988); Lilly v. Dep’t of Transp., Docket No. 07-DOH-387 (June 30, 2008); Henry v. Div. of Highways, Docket No. 2011-0944-DOT (Aug. 31, 2011); Carper v. Clay County Health Dep’t, Docket No. 2012-0235-ClaCH (July 15, 2013); Cook v. Div. of Natural Res., Docket No. 2009-0875-DOC (Jan. 22, 2010); Vance v. Jefferson County Bd. of Educ., Docket No. 02-19-272 (Oct. 31, 2002)
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Keywords
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Termination; Insubordination; Policy Violations; Reprisal
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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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Respondent dismissed Grievant for failing to adopt a more helpful and cooperative management style after being instructed to do so, continuing to criticize her coworker in front of staff and residents after receiving written notice to altering the care plans of coworkers in other disciplines without their permission, creating an adversarial relationship with the staff of the VA Hospital, and being disrespectful of the rights of the veteran residents.
Grievant argues that she was diligently and professionally pursuing her duties as the Director of Nursing while being obstructed by the Administrator. She avers that the discipline is nothing more than reprisal for her filing a grievance against her supervisor for giving her instructions which interfered with her nursing responsibilities.
Respondent proved that there were valid non-pretextual reasons for the disciplinary action which had nothing to do with reprisal.
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