Database Search Result Details
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First Name
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Jerri
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Last Name
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Hazlett
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Decision Date
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6/27/2018
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Docket Number
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2017-1434-DHHR
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ALJ
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BTC
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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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Registered Nurse
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Topics
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Termination; Dismissal
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Primary Issues
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Whether Respondent had good cause to terminate Grievant’s employment.
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Outcome
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Granted
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Statutes
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Related Cases
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Graley v. Parkways Econ. Dev. & Tourism Auth., Docket No. 91-PEDTA-225 (Dec. 23, 1991); Crites v. Dep't of Health & Human Res., Docket No. 2011-0890-DHHR (Jan. 24, 2012)
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Keywords
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Termination; Gross Misconduct; Technical Violation of Policy; Job Performance
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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 Registered Nurse. Grievant was terminated from employment for gross misconduct based on the discovery of an unusually large amount of improperly labeled prescription and over-the-counter medication in a tote belonging to Grievant and a co-worker. Respondent alleged this violated the Joint Commission’s Hospital Accreditation Standards, Respondent’s policy, and placed the Respondent at risk of violating state law. Respondent failed to prove the majority of the allegations against Grievant and did not have good cause to terminate Grievant’s employment for the technical violation of policy that was proven given Grievant’s eight years of employment with no history of prior disciplinary action and job performance that had otherwise met expectations for the entirety of her employment. Accordingly, the grievance is granted.
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