Database Search Result Details
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First Name
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Rhonda
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Last Name
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Farley
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Decision Date
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3/15/2019
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Docket Number
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2019-0448-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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CPSW
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Topics
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Termination; Dismissal
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Primary Issues
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Whether Respondent proved that the termination of Grievant’s employment as a CPS Worker was justified.
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Outcome
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Denied
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Statutes
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W. Va. Code § 49-2-803
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Related Cases
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W. Va. Dep't of Corr. v. Lemasters, 173 W. Va. 159, 162, 313 S.E.2d 436, 439 (1984); Drown v. W. Va. Civil Serv. Comm'n, 180 W. Va. 143, 145, 375 S.E.2d 775, 777 (1988)
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Keywords
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Termination; Employee Code of Conduct; Policy
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to Kanawha County Circuit Court 4/15/19, CA #19-AA-38 (Webster); Affirmed, 3/15/2022
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Supreme Court
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Synopsis
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Respondent terminated Grievant’s employment after serious incidents at her home led to an investigation by the CPS unit of a Boone County. The Boone County CPS works found impending dangers to the child living in Grievant’s home. Respondent based Grievant’s dismissal upon a violation of the statute which identifies Grievant as a mandatory reported of suspected child abuse and neglect and DHHR policy against conflicts of interest between an employee’s personal life and their professional responsibilities.
Grievant argued that she was at work when the incidents took place and they were reported by her supervisor before Grievant found out about them. Respondent proves that the incidents were emblematic of impending dangers in Grievant’s home and dismissal was justified.
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