Database Search Result Details
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First Name
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Shelly
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Last Name
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Bosley
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Decision Date
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8/2/2018
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Docket Number
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2018-0374-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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Registered Nurse II
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Topics
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Termination; Dismissal
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Primary Issues
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Whether Respondent’s termination of Grievant’s employment was arbitrary and capricious.
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Outcome
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Granted
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Statutes
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143 CSR 1 § 10.1(a); 143 CSR 1 § 10.5(a); 143 CSR 1 § 12.2
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Related Cases
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Bonnell v. W. Va. Div. of Corr., Docket No. 89-CORR-163 (Mar. 8, 1990); Bowman v. W. Va. Educ. Broadcasting Auth., Docket No. 96-EBA-464 (July 3, 1997); Buskirk v. Civil Serv. Comm'n, 175 W. Va. 279, 332 S.E.2d 579 (1985); Edwards v. Berkeley County Bd. of Educ., Docket No. 89-02-234 (Nov. 28, 1989); Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 542, 105 S. Ct. 1487, 84 L.Ed.2d 494 (1985)
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Keywords
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Termination; Probationary Employee; Due Process; Arbitrary and Capricious
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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 the William R. Sharpe, Jr. Hospital as a probationary Registered Nurse II. Grievant was dismissed following Respondent’s determination that her performance was unsatisfactory, and she demonstrated unprofessional behavior towards co-workers. When a probationary employee is terminated for reasons other than discipline, it is her burden to prove her services were satisfactory. In the instant case, Grievant was not able to meet her burden of proof and demonstrate that her performance was satisfactory; however, the record did establish that Respondent violated its policy and applicable provisions regarding termination of probationary employees. Respondent’s termination of Grievant’s employment was arbitrary and capricious.
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