Database Search Result Details
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First Name
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Yolanda
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Last Name
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Molina
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Decision Date
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6/19/2018
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Docket Number
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2018-0781-DHHR
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ALJ
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CHL
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Respondent
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Department of Health and Human Resources/Mildred Mitchell-Bateman Hospital
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Employment Type
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STATE
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Job Title
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Nurse 3/RN
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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 failed to appear for work without calling-in or being on approved leave constituting job abandonment.
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Outcome
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Denied
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Statutes
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W.Va. Code St. R. § 156-1-3 (2008); W. Va. Code St. R. § 143-1-12.2.c. (2016)
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Related Cases
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Ramey v. W. Va. Dep't of Health, Docket No. H-88-005 (Dec. 6, 1988); Leichliter v. W. Va. Dep't of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993); Oakes v. W. Va. Dep’t of Finance & Admin., 164 W. Va. 384, 264 S.E.2d 151 (1980); Guine v. Civil Serv. Comm’n, 149 W. Va. 461, 141 S.E.2d 364 (1965); Jones v. W. Va. Dep’t of Health & Human Res., Docket No. 96-HHR-371 (Oct. 30, 1996); Young v. Div. of Natural Res., Docket No. 2009-0540-DOC (Nov. 13, 2009); Clarke v. W. Va. Bd. of Regents, 166 W. Va. 702, 279 S.E.2d 169 (1981); Burchell v. Bd. of Trustees, Marshall Univ., Docket No. 97-BOT-011 (Aug. 29, 1997)
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Keywords
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Termination; Abandonment; No Call/No Show; Dismissed; Leave; Good Cause; Call-In; Absence; Unscheduled; Unapproved; Unauthorized
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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 by Respondent as a Nurse III at Mildred Mitchell-Bateman Hospital. Respondent dismissed Grievant for job abandonment after not appearing for, or calling-in prior to, four consecutive shifts. Grievant admits that she was not at work on the days in question, but denies Respondent’s claims that she was a no call/no show on those days. Grievant asserts that she was on approved leave on the days in question. Grievant further argued that she was dismissed not for job abandonment, but for an incident with a coworker and for advocating for patients. Respondent proved by a preponderance of the evidence that Grievant failed to appear for the four consecutive shifts without calling-in or being on approved leave constituting job abandonment, and that such was good cause for dismissal. Therefore, the grievance is DENIED.
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