Database Search Result Details
|
First Name
|
Luetta
|
|
Last Name
|
McCallister
|
|
Decision Date
|
10/1/2018
|
|
Docket Number
|
2017-2046-MU
|
|
ALJ
|
BTC
|
|
Respondent
|
Marshall University
|
|
Employment Type
|
HE
|
|
Job Title
|
Assistant Supervisor
|
|
Topics
|
Termination; Dismissal
|
|
Primary Issues
|
Whether Respondent had good cause to terminate Grievant.
|
|
Outcome
|
Denied
|
|
Statutes
|
W. Va. Code St. R. § 143-1-12.02 and 12.03 (2012); W. Va. Code § 6C-2-2(h)
|
|
Related Cases
|
Oakes v. W. Va. Dep't of Finance & Admin., 164 W. Va. 384, 264 S.E.2d 151 (1980); Wiley v. Div. of Natural Res., Docket No. 96-DNR-515 (Mar. 26, 1988); Linger v. Dep’t of Health & Human Res., Docket No. 2010-1490-CONS (Dec. 5. 2012); Butts v. Higher Educ. Interim Governing Bd., 212 W. Va. 209, 212, 569 S.E.2d 456, 459 (2002); Martin v. W. Va. Fire Comm'n, Docket No. 89-SFC-145 (Aug. 8, 1989); Phillips v. Summers County Bd. of Educ., Docket No. 93-45-105 (Mar. 31, 1994)
|
|
Keywords
|
Termination; Sleeping on the Job; Insubordination; Favoritism; Mitigation
|
|
Intermediate Court of Appeals
|
|
|
Circuit Court
|
|
|
Supreme Court
|
|
|
Synopsis
|
Grievant, Luetta McCallister, was employed by Respondent, Marshall University, as an Assistant Supervisor. Grievant was terminated from her position for managerial misconduct, sleeping on the job, favoritism, and insubordination. Respondent proved Grievant committed serious managerial misconduct during a meeting with a subordinate employee that warranted termination. Respondent failed to prove Grievant committed favoritism or insubordination. Respondent failed to prove discipline was warranted for sleeping on the job given the circumstances. Grievant argued her punishment should be mitigated, but given the seriousness of her misconduct, Grievant’s prior good performance and lack of disciplinary history does not warrant mitigation of the punishment. Grievant failed to prove her penalty was disproportionate to the penalties employed by the employer against other employees guilty of similar offenses. Accordingly, the grievance is denied.
|
Back to Results
Search Again