Database Search Result Details

First Name Chun
Last Name Underwood
Decision Date 3/12/2019
Docket Number 2016-1885-CONS
ALJ RLR
Respondent Department of Health and Human Resources/William R. Sharpe, Jr. Hospital
Employment Type STATE
Job Title LPN
Topics Termination; Dismissal
Primary Issues Whether Respondent had good cause to terminate Grievant.
Outcome Denied
Statutes
Related Cases Oakes v. W. Va. Dep't of Finance and 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); Roberts v. Concord University, Docket No. 2016-1284-CONS (April 25, 2016); Riddle v. Bd. of Directors/So. W. Va. Community College, Docket No. 93-BOD-309 (May 31, 1994); Webb v. Mason County Bd. of Educ., Docket No. 26-89-004 (May 1, 1989); Cochran v. Mercer County Bd. of Educ., Docket No. 05-27-307 (Dec. 21, 2005)
Keywords Termination; Performance Issues; Unprofessional Conduct; Insubordinate Behavior
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant was dismissed from employment as a Licensed Practical Nurse due to a history of performance failures culminating with a failure to follow a direct order of a supervisor. The record also supported a finding that Grievant mixed two drugs in the same syringe after being told by the hospital pharmacist not to do so. The record also supported a finding that Grievant had a long history of performance issues along with attempts to correct the deficiencies. Grievant offered no evidence that would contradict the evidence presented by Respondent, and offered no evidence that her due process rights were violated. Accordingly, this grievance is denied.

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