Database Search Result Details
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First Name
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Crystal
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Last Name
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Flemings
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Decision Date
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7/5/2018
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Docket Number
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2018-0981-MU
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ALJ
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BTC
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Respondent
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Marshall University
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Employment Type
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HE
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Job Title
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Campus 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 had good cause to terminate Grievant for absenteeism.
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Outcome
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Denied
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Statutes
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29 U.S.C. § 2601(a)(4); 29 U.S.C. § 2615(a)(1)
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Related Cases
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Jones v. W. Va. Dept. of Health & Human Res., Docket No. 96-HHR-371 (Oct. 30, 1996); Stamper v. W. Va. Dept. of Health & Human Res., Docket No. 95-HHR-144 (Mar. 20, 1996); Womack v. Dept. of Admin., Docket No. 93-ADMN-430 (Mar. 30, 1994); Aglinsky v. Bd. of Trustees, Docket No. 97-BOT-256 (Oct. 27, 1997), aff’d, Mon. Co. Cir. Ct. Docket No. 97-C-AP-96 (Dec. 7, 1999), appeal refused, W.Va. Sup Ct. App. Docket No. 001096 (July 6, 2000); Holland v. Dep't of Health & Human Res./Mildred Mitchell-Bateman Hosp, Docket No. 06-HHR-126 (May 31, 2006); Fullen v. Bd. of Trustees/W. Va. Univ., Docket No. 97-BOT-460 (June 18, 1998); Freeman v. Fayette Cty. Bd. of Educ., 215 W. Va. 272, 277, 599 S.E.2d 695, 700 (2004)
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Keywords
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Termination; Unacceptable Attendance; Performance Plan; Progressive Discipline; Family Medical Leave Act
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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 Campus Service Worker and protests her dismissal from employment. Respondent asserts it had good cause to terminate Grievant’s employment due to her long history of unacceptable attendance, which was not corrected despite progressive discipline and an additional performance plan, and which caused Respondent to hire an additional part-time temporary employee to compensate for Grievant’s absences. Grievant asserts that her absences should be excused due to her circumstances and that Respondent interfered with her use of FMLA leave and retaliated against her for requesting FMLA leave. Respondent proved it had good cause to terminate Grievant for her absenteeism when Grievant’s absenteeism worsened after progressive discipline and an additional performance improvement plan.
Grievant established a prima facie case of retaliatory discharge, however, Respondent provided credible evidence of legitimate nondiscriminatory reasons for its actions and Grievant did not demonstrate those reasons were merely pretextual. Accordingly, the grievance is denied.
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