Database Search Result Details
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First Name
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Erin
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Last Name
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Kirby
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Decision Date
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9/14/2018
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Docket Number
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2017-2294-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/Bureau for Children and Families
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Employment Type
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STATE
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Job Title
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Economic Service Worker
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Topics
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Termination; Dismissal
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Primary Issues
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Whether Grievant was terminated for good cause.
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Outcome
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Denied
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Statutes
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W. Va. Code R. § 143-1-14.8.a.; 143 C.S.R. § 12.2(c)
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Related Cases
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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)
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Keywords
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Termination; Job Abandonment; Failure to Report to Work
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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 as an Economic Service Worker with the Bureau for Children and Families in Wheeling, West Virginia. Respondent met its burden of proof and demonstrated by a preponderance of the evidence that Grievant was dismissed for good cause when she was absent from work for more than three consecutive workdays without notice. Grievant had no annual leave or sick leave and had been denied other types of leave due to ineligibility for lacking the necessary work hours. Respondent relies on the Division of Personnel Administrative Rule providing that if an employee is absent from work more than three consecutive workdays without notice to the employer of the reason for the absence, the employer may dismiss the employee for job abandonment.
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