Database Search Result Details
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First Name
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Little
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Last Name
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Thomas
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Decision Date
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12/19/2018
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Docket Number
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2018-1419-KanED
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ALJ
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BTC
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Respondent
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Kanawha County Board of Education
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Employment Type
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SERV
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Job Title
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Bus Operator
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Topics
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Termination
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Primary Issues
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Whether Respondent had good cause to terminate Grievant.
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Outcome
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Granted
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Statutes
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W. Va. Code § 18A-2-8; W. Va. Code § 18A-2-12a; W. Va. Code § 18A-4-10(b)
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Related Cases
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Keywords
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Termination; Improvement Plan; Absenteeism; Attendance Policy; Correctable Conduct; Willful Neglect of Duty; Insubordination; Medical Condition
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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 as a Bus Operator. Grievant suffers from a chronic medical condition that caused him to be absent from work for ten days out of the school year. Although school employees are allowed fifteen personal days per school year, Respondent requires that employees provide a doctor’s excuse for any absence for sickness after five days have been missed in the year, and Grievant did not provide doctor’s excuses for his absences. Respondent terminated Grievant’s employment for his ten unexcused absences. Respondent asserts Grievant’s absences are insubordination, willful neglect of duty, or unsatisfactory performance that is not correctable. Grievant’s conduct was not willful and was correctable. It was not reasonable for Respondent to terminate Grievant’s employment when his absences were not excessive, when the need to provide a doctor’s excuse for absence due to his chronic medical condition was not explained, and when Grievant had been specifically told that he would receive another plan of improvement and then told that he would start with a “clean slate” following his suspension. Accordingly, the grievance is granted.
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