Database Search Result Details
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First Name
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Benjamin
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Last Name
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Lowman
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Decision Date
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3/27/2019
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Docket Number
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2018-1225-DEP
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ALJ
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BTC
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Respondent
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Department of Environmental Protection
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Employment Type
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STATE
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Job Title
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Env. Res. Analyst
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Topics
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Termination; Dismissal
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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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Denied
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Statutes
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Related Cases
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Graley v. Parkways Econ. Dev. & Tourism Auth., Docket No. 91-PEDTA-225 (Dec. 23, 1991); Buskirk v. Civil Serv. Comm'n, 175 W. Va. 279, 332 S.E.2d 579 (1985); Blake v. Civil Serv. Comm'n, 172 W. Va. 711, 310 S.E.2d 472 (1983); Jones v. W. Va. Dep’t of Health & Human Res., Docket No. 96-HHR-371 (Oct. 30, 1996); Young v. Div. of Natural Res., Docket No. 2009-0540-DOC (Nov. 13, 2009); Overbee v. Dep't of Health and Human Resources/Welch Emergency Hosp., Docket No. 96-HHR-183 (Oct. 3, 1996); Olsen v. Kanawha County Bd. of Educ., Docket No. 02-20-380 (May 30, 2003), aff’d, Kanawha Cnty. Cir. Ct. Docket No. 03-AA-94 (Jan. 30, 2004); Phillips v. Summers County Bd. of Educ., Docket No. 93-45-105 (Mar. 31, 1994)
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Keywords
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Termination; Threatening Management; Erratic Behavior; Gross Misconduct; Arbitrary and Capricious; Mitigation
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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 an Environmental Resources Analyst in the Division of Mining and Reclamation. Grievant was terminated by Respondent for threatening two members of management following a time-period of escalating erratic behavior and ongoing serious attendance problems. Respondent proved the charges against Grievant and that it was justified in terminating Grievant’s employment. Grievant failed to prove mitigation of the punishment was warranted. Accordingly, the grievance is denied.
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