Database Search Result Details
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First Name
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Diana
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Last Name
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Overberger
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Decision Date
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9/27/2018
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Docket Number
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2018-2033-MAPS
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ALJ
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JSF
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Respondent
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Division of Corrections/Salem Correctional Center
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Employment Type
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STATE
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Job Title
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Correctional Officer I
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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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Denied
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Statutes
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W. Va. Code ST. R. § 143-1-10.1.a. (2016); W. Va. Code § 6C-2-2(d)
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Related Cases
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Livingston v. Dep’t of Health & Human Res., Docket No. 2008-0770-DHHR (Mar. 21, 2008); Hammond v. Div. of Veteran’s Affairs, Docket No. 2009-0161-MAPS (Jan. 7, 2009); Bonnell v. Dep't of Corr., Docket No. 89-CORR-163 (Mar. 8, 1990); Roberts v. Dep’t of Health & Human Res., Docket No. 2008-0958-DHHR (Mar. 13, 2009); Cosner v. Dep’t of Health & Human Res., Docket No. 08-HHR-008 (Dec. 30, 2008); Reynolds v. Kanawha-Charleston Health Dep’t, Docket No. 90-H-128 (Aug. 8, 1990)
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Keywords
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Probationary Employee; Misconduct; Unsatisfactory Performance; Insubordination; 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 by Respondent on a probationary basis as a Correctional Officer when Respondent terminated her for unsatisfactory performance and misconduct. Whereupon, Grievant alleged that Respondent created a hostile work environment, harassed her, and discriminated against her. Respondent proved that Grievant engaged in misconduct. Grievant failed to prove that her performance was satisfactory or that Respondent created a hostile work environment, harassed her, or discriminated against her. Accordingly, the grievance is denied.
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