Database Search Result Details
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First Name
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Randall
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Last Name
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Hazlewood
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Decision Date
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1/9/2019
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Docket Number
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2017-2495-CONS
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ALJ
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WBM
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Respondent
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General Services Division
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Employment Type
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STATE
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Job Title
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Facilities Equipment Maintenance Technician
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Topics
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Reprimand
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Primary Issues
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Whether the verbal reprimand and the written reprimand were unreasonable.
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Outcome
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Granted
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Statutes
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Related Cases
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McDaniel v. Div. of Highways, Docket No. 201701404-CONS, (June 30, 2017); State ex rel. Eads v. Duncil, 196 W. Va. 604, 474 S.E.2d 534 (1996); Bedford Cnty Memorial Hosp. v. Health and Human Serv., 769 F.2d 1017 (4th Cir. 1985)
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Keywords
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Employment Appraisal Form 3; Verbal Reprimand; Written Reprimand; Agency Dress Code; Earrings; Safeguard State Property; Stolen Tools; 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 given a written reprimand for failing to properly safeguard the tools which had been issued to him. The tools were stolen from the workplace. Grievant had taken very reasonable steps to safeguard the tools. Respondent did not prove by preponderance of the evidence that Grievant failed to safeguard his tools.
Grievant was given a verbal reprimand for wearing earrings which resembled wood screws. The reason for the reprimand was that the earrings did not present a proper image to the public. Respondent did not prove the reason for the reprimand by a preponderance of the evidence. Additionally, both disciplinary actions are found to be arbitrary and capricious.
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