Database Search Result Details
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First Name
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L.
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Last Name
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Y.
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Decision Date
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8/26/2019
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Docket Number
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2018-0606-DHHR
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ALJ
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BTC
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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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Economic Service Worker
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Topics
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Dismissal; Termination
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Primary Issues
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Whether Respondent proved it had good cause to terminate Grievant’s employment for gross misconduct and violation of Respondent’s employee conduct policy.
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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)); Evans v. Tax & Revenue/Ins. Comm'n, Docket No. 02-INS-108 (Sep. 13, 2002); Crites v. Dep't of Health & Human Res., Docket No. 2011-0890-DHHR (Jan. 24, 2012); Martin v. W. Va. Fire Comm'n, Docket No. 89-SFC-145 (Aug. 8, 1989)
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Keywords
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Termination; Gross Misconduct; Employee Conduct Policy; 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 within the Bureau of Children and Families as an Economic Service Worker. Grievant was terminated from employment for gross misconduct. Respondent proved it had good cause to terminate Grievant’s employment for gross misconduct and violation of Respondent’s employee conduct policy when Grievant continuously accessed her boyfriend’s case, assisted her boyfriend’s mother in accessing and using her boyfriend’s benefits that were improperly accruing while he was incarcerated, and then caused a new benefits card to be issued for her to also use her boyfriend’s improperly accruing benefits. Grievant failed to prove mitigation of the punishment was warranted. Accordingly, the grievance is denied.
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