Database Search Result Details

First Name Jason
Last Name Strickland
Decision Date 2/1/2019
Docket Number 2019-0293-DOR
ALJ CHL
Respondent West Virginia Lottery
Employment Type STATE
Job Title Custodian
Topics Termination; Dismissal; Probationary Employee
Primary Issues Whether Grievant proved that his work performance was satisfactory; whether Grievant proved that Respondent violated any rule in dismissing him from employment; and, whether Grievant proved that his dismissal was arbitrary and capricious.
Outcome Denied
Statutes W. Va. Code ST. R. § 143-1-10.1(a) (2016); W. Va. Code ST. R. § 143-1-12.2(a) (2016); W.VA. CODE ST. R. § 143-1-10.5.a. (2016)
Related Cases Bonnell v. Dep't of Corr., Docket No. 89-CORR-163 (Mar. 8, 1990); Roberts v. Dep’t of Health and Human Res., Docket No. 2008-0958-DHHR (Mar. 13, 2009); 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); Livingston v. Dep’t of Health and Human Res., Docket No. 2008-0770-DHHR (Mar. 21, 2008); Hammond v. Div. of Veterans Affairs, Docket No. 2009-0161-MAPS (Jan. 7, 2009); Hackman v. W. Va. Dep’t of Transp., Docket No. 01-DMV-582 (Feb. 20, 2002); McCoy v. W. Va. Dep’t of Transp., Docket No. 98-DOH-399 (June 18, 1999); Nicholson v. W. Va. Dep’t of Health and Human Res., Docket No. 99-HHR-299 (Aug. 31, 1999); Lott v. W. Va. Div. of Juvenile Serv., Docket No. 99-DJS-278 (Dec. 16, 1999); Bedford County Memorial Hosp. v. Health and Human Serv., 769 F.2d 1017 (4th Cir. 1985); Yokum v. W. Va. Schools for the Deaf and the Blind, Docket No. 96-DOE-081 (Oct. 16, 1996); State ex rel. Eads v. Duncil, 196 W. Va. 604, 474 S.E.2d 534 (1996); Trimboli v. Dep’t of Health and Human Res., Docket No. 93-HHR-322 (June 27, 1997), aff’d Mercer Cnty. Cir. Ct. Docket No. 97-CV-374-K (Oct. 16, 1998); Adkins v. W. Va. Dep't of Educ., 210 W. Va. 105, 556 S.E.2d 72 (2001) (per curiam); Blake v. Kanawha Cnty. Bd. of Educ., Docket No. 01-20-470 (Oct. 29, 2001), aff’d Kanawha Cnty. Cir. Ct. Docket No. 01-AA-161 (July 2, 2002), appeal refused, W.Va. Sup. Ct. App. Docket No. 022387 (Apr. 10, 2003); Baker v. Bd. of Trustees/W. Va. Univ. at Parkersburg, Docket No. 97-BOT-359 (Apr. 30, 1998)
Keywords Probationary Employee; Termination; Dismissal; Unsatisfactory Work Performance; Satisfactory; Arbitrary and Capricious; Telephone; Custodian; EPA; Performance
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant was employed as a probationary employee by Respondent. Respondent dismissed Grievant for unsatisfactory work performance. Grievant argued that his work performance was satisfactory, and that he should not have been dismissed from his employment. Grievant also alleged that the manner by which he was dismissed violated rules. Respondent denied Grievant’s claims. Grievant failed to prove by a preponderance of the evidence that his work performance was satisfactory. Grievant also failed to prove by a preponderance of the evidence that Respondent violated any rule in dismissing him from employment by telephone. Therefore, the grievance is DENIED.

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