Database Search Result Details
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First Name
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Love
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Last Name
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Sabatini
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Decision Date
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6/26/2019
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Docket Number
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2019-0792-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 Public Health
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Employment Type
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STATE
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Job Title
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OA 2
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Topics
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Dismissed; Termination
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Primary Issues
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Whether Respondent had good cause to terminate Grievant for job abandonment.
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Outcome
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Granted
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Statutes
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W. Va. Code St. R. § 143-1-12.2.c (2016); W. Va. Code St. R. § 143-1-3.48 (2016); W. Va. Code § 29-6-10(12)
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Related Cases
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W. Va. Dep’t of Trans., Div. of Highways v. Litten, No. 12-0287 (W.Va. Supreme Court, June 5, 2013); 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); Waite v. Civil Serv. Comm'n, 161 W. Va. 154, 241 S.E.2d 164 (1977); Hamilton v. Dep’t of Health and Human Res., Docket No. 2008-1591-DHHR (Nov. 9, 2009); Adkins v. Dep’t of Health and Human Res., Docket No. 2011-1392-DHHR (Dec. 22, 2011); Clark v. Dep’t of Military Aff. & Public Safety, Docket No. 99-DJS-428 (Nov. 30, 1999); Hall v. Dep’t of Health and Human Res., Docket No. 2014-1713-DHHR (Nov. 9, 2015)
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Keywords
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Termination; Job Abandonment; Incarceration; Leave; Due Process
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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 Office Assistant 2 and was terminated from her employment for job abandonment. Grievant was absent due to her incarceration on criminal charges that were later dismissed. While Grievant was incarcerated, she was initially denied access to a telephone and was then only allowed to make a collect call to her supervisor which was refused. Thus, Grievant was prevented from personally contacting her supervisor. Grievant provided notice of the reason for her absence through her sister as soon as Grievant was permitted to contact her. Respondent failed to prove it was justified in terminating Grievant’s employment for job abandonment under those circumstances. Accordingly, the grievance is GRANTED.
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