Database Search Result Details
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First Name
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Michael
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Last Name
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Taylor
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Decision Date
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6/19/2018
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Docket Number
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2018-0860-MAPS
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ALJ
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WBM
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Respondent
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Division of Corrections/Beckley Correctional Center
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Employment Type
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STATE
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Job Title
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Correctional Officer II
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Topics
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Suspension
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Primary Issues
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Whether Respondent had good cause to suspend Grievant.
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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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W. Va. Dep’t of Trans., Div. of Highways v. Litten, No. 12-0287 (W.Va. Supreme Court, June 5, 2013); Leichliter v. W. Va. Dep’t of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993); Hudson v. Dep't of Health and Human Res./Welch Cmty. Hosp., Docket No. 07-HHR-311 (March 21, 2008)
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Keywords
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Suspension; Refusing Mandatory Overtime; Improper Inmate Count; Abandoning Post
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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 given a fifteen-day suspension for refusing mandatory overtime, abandoning his post, making an improper inmate count, and breaching facility security. Grievant does not dispute most of the facts but argues that he did not technically abandon his post since another officer was present when he left and that requiring him to work overtime caused problems with his child care arrangements. Respondent proved the reasons for the suspension by a preponderance of the evidence.
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