Database Search Result Details
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First Name
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Clifford
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Last Name
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Summerfield
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Decision Date
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5/30/2018
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Docket Number
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2017-1363-DHHR
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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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Termination; Dismissal
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Primary Issues
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Whether Respondent proved that Grievant had abandoned his job, which was good cause for the termination of his employment.
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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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Holly v. Logan County Bd. of Educ., Docket No. 96-23-174 (Apr. 30, 1997); Brooks v. W. Va. Dep’t of Health & Human Res., Docket No. 03-HHR-182 (Nov. 14, 2003); Petry v. Kanawha County Bd. of Educ., Docket No. 96-20-380 (Mar. 18, 1997)
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Keywords
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Termination; Call-In Procedure; Job Abandonment
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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 employed at Sharpe Hospital as a Health Service Worker. Respondent met its burden of proof and demonstrated by preponderance of the evidence that Grievant was dismissed for good cause when he was absent from work for more than three consecutive workdays without notice. Grievant offered no explanation for why he had been absent without notice. Respondent relies on the Division of Personnel Administrative Rule providing that if an employee is absent from work more than three consecutive work days without notice to the employer of the reason for the absence, the employer may dismiss the employee for job abandonment. This grievance is denied.
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