details - Public Grievance Board

First Name	Christy
Last Name	Watton
Decision Date	5/16/2019
Docket Number	2018-0661-DHHR
ALJ	RLR
Respondent	Department of Health and Human Resources/William R. Sharpe, Jr. Hospital
Employment Type	STATE
Job Title	Licensed Practical Nurse
Topics	Termination; Dismissal
Primary Issues	Whether Respondent had good cause to terminate Grievant.
Outcome	Denied
Statutes
Related Cases	Holland v. Dep’t of Health & Human Res./Mitchell-Bateman Hosp., Docket No. 06-HHR-126 (May 31, 2006); Barnes v. W. Va. Dep't of Trans./Div. of Highways, Docket No. 99-DOH-305 (Jan 31, 2000); Martin v. W. Va. Dep't of Health &Human Res./Jackie Withrow Hosp., Docket No. 2011-1590-DHHR (May 18, 2012), aff’d, Kanawha County Circuit Court, Civil Action No. 12-AA-79 (December 7, 2012); Ruckle v. W. Va. Dep't of Health & Human Res./Office of Maternal and Child Health, Docket No. 04-HHR-367 (December 22, 2005); Hayward v. Dep’t of Health & Human Res., Docket No. 07-HHR-086 (July 23, 2007); Fullen v. Bd. of Trustees/W. Va. Univ., Docket No. 97-BOT-460 (June 18, 1998)
Keywords	Termination; Work Schedule; Job Duties; Unscheduled Absences; Leave; Absenteeism; Reasonable Accommodation
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis	Grievant was employed by Sharpe Hospital as a Licensed Practical Nurse. Grievant’s duties consisted of providing direct care to patients and mandatory overtime was an essential function of the position. Grievant suffers from Lyme Disease. Record established that Grievant missed substantial periods of work, not only during extended periods of leave, but also unscheduled absences, which were particularly difficult in a setting which requires around the clock patient care. Grievant is unfortunately physically unable to perform the duties of her position. The facts of this case demonstrate that Respondent established the existence of good cause for Grievant’s dismissal.

Database Search Result Details