| First Name | Kimberly |
| Last Name | Collins |
| Decision Date | 10/11/2018 |
| Docket Number | 2018-2061-DHHR |
| ALJ | CHL |
| Respondent | Department of Health and Human Resources/Bureau for Children and Families |
| Employment Type | STATE |
| Job Title | Child Protective Services Worker |
| Topics | Termination; Dismissal |
| Primary Issues | Whether Respondent proved by a preponderance of the evidence that Grievant violated policy and falsified a record constituting good cause for her dismissal. |
| Outcome | Denied |
| Statutes | W. Va. Code St. R. § 156-1-3 (2018); W. Va. Code St. R. § 143-1-12.2.a. (2016) |
| Related Cases | Leichliter v. Dep't of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993), aff’d, Pleasants Cnty. Cir. Ct. Civil Action No. 93-APC-1 (Dec. 2, 1994); 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); Sloan v. Dep't of Health & Human Res., 215 W. Va. 657, 600 S.E.2d 554 (2004); W. Va. Dep't of Corr. v. Lemasters, 173 W. Va. 159, 162, 313 S.E.2d 436, 439 (1984); Drown v. W. Va. Civil Serv. Comm'n, 180 W. Va. 143, 145, 375 S.E.2d 775, 777 (1988); Buskirk v. Civil Serv. Comm'n, 175 W. Va. 279, 285, 332 S.E.2d 579, 585 (1985); Blake v. Civil Serv. Comm'n, 172 W. Va. 711, 310 S.E.2d 472 (1983); Serreno v. W. Va. Civil Serv. Comm'n, 169 W. Va. 111, 285 S.E.2d 899 (1982); Jones v. W. Va. Dep’t of Health & Human Res., Docket No. 96-HHR-371 (Oct. 30, 1996); Young v. Div. of Natural Res., Docket No. 2009-0540-DOC (Nov. 13, 2009); Clarke v. W. Va. Bd. of Regents, 166 W. Va. 702, 279 S.E.2d 169 (1981); Burchell v. Bd. of Trustees, Marshall Univ., Docket No. 97-BOT-011 (Aug. 29, 1997) |
| Keywords | Dismissal; Termination; Good Cause; Falsification; Credibility; Contact; Face-to-Face; Attempted; Error; Accurate; Case-Specific; Safety; Risk |
| Intermediate Court of Appeals | |
| Circuit Court | |
| Supreme Court | |
| Synopsis | Grievant was employed by Respondent as a Child Protective Services (“CPS”) worker in its Mingo County office. Grievant made an entry in the agency computer system indicating that she made face-to-face contact with a family in her caseload in January 2018. However, no such contact was ever made. Respondent dismissed Grievant alleging violation of certain policies and falsification of an agency record. Grievant denied Respondent’s allegations, asserting that the contact she entered contained errors, but that she did not falsify the agency record. Respondent failed to prove by a preponderance of the evidence that Grievant violated DHHR Policy Memorandum 2108 and CPS Policy 4.6 and 4.6(4). Respondent proved by a preponderance of the evidence that Grievant falsified an agency record which constituted good cause for her dismissal. Therefore, the grievance is DENIED. |