Database Search Result Details
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First Name
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Karmyn
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Last Name
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Gouch
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Decision Date
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11/8/2018
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Docket Number
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2018-1207-DHHR
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ALJ
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WBM
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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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Child Protective Service Worker Trainee
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Topics
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Termination; Dismissal
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Primary Issues
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Whether termination of Grievant’s probationary employment was justified.
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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
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Related Cases
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Bonnell v. W. Va. Dep't of Corrections, Docket No. 89-CORR-163 (Mar. 8, 1990); Roberts v. Dep’t of Health & Human Res., Docket No. 2008-0958-DHHR (Mar. 13, 2009); Bush v. Dep’t of Transp., Docket No. 2008-1489-DOT (Nov. 12, 2008)
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Keywords
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Termination; Probationary Employee; Unsatisfactory Job Performance; Training
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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’s employment was terminated after completing less than five months of twelve-month probationary period. Respondent decided that Grievant’s job performance was unsatisfactory because she had improperly reported her work time, violated the State Vehicle Use Policy, ignored or resisted specific directions from her supervisor after the issues were noted in her performance evaluation, and continuously failing to complete her training exercises by listing her own thoughts and experiences rather than copy and paste her responses form web resource.
The time reporting problems Grievant experienced could be explained by not understanding the policies and procedures. However, her failure to properly complete her training exercises and her resistance to reasonable supervision were sufficient to support her dismissal from probationary employment for unsatisfactory performance.
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