Database Search Result Details
|
First Name
|
Terry
|
|
Last Name
|
Hayhurst
|
|
Decision Date
|
9/20/2019
|
|
Docket Number
|
2019-1391-DOT
|
|
ALJ
|
JSF
|
|
Respondent
|
Division of Highways
|
|
Employment Type
|
STATE
|
|
Job Title
|
Safety Officer
|
|
Topics
|
Dismissal; Termination
|
|
Primary Issues
|
Whether Grievant proved that his dismissal was arbitrary and capricious.
|
|
Outcome
|
Denied
|
|
Statutes
|
W. Va. Code St. R. § 156-1-3; W. Va. Code St. R. § 143-1-10.1.a; W.Va. Code § 6C-2-3(h)
|
|
Related Cases
|
Bonnell v. Dep't of Corr., Docket No. 89-CORR-163 (Mar. 8, 1990); Roberts v. Dep’t of Health and Human Res., Docket No. 2008-0958-DHHR (Mar. 13, 2009); Cosner v. Dep’t of Health and Human Res., Docket No. 08-HHR-008 (Dec. 30, 2008); Livingston v. Dep’t of Health and Human Res., Docket No. 2008-0770-DHHR (Mar. 21, 2008); Livingston v. Dep’t of Health and Human Res., Docket No. 2008-0770-DHHR (Mar. 21, 2008); Hammond v. Div. of Veteran’s Affairs, Docket No. 2009-0161-MAPS (Jan. 7, 2009); McCoy v. W. Va. Dep’t of Transp., Docket No. 98-DOH-399 (June 18, 1999); Nicholson v. W. Va. Dep’t of Health and Human Res., Docket No. 99-HHR-299 (Aug. 31, 1999); Baker v. Bd. of Trs./W. Va. Univ. at Parkersburg, Docket No. 97-BOT-359 (Apr. 30, 1998); Freeman v. Fayette Cty. Bd. of Educ., 215 W. Va. 272, 277, 599 S.E.2d 695, 700 (2004); McVay v. Wood County Bd. of Educ., Docket No. 95-54-041 (May 18, 1995); Huffstutler v. Cabell County Bd. of Educ., Docket No. 97-06-150 (Oct. 31, 1997)
|
|
Keywords
|
Termination; Probationary Employee; Unsatisfactory Performance; Job Duties; Arbitrary and Capricious; Mitigation
|
|
Intermediate Court of Appeals
|
|
|
Circuit Court
|
|
|
Supreme Court
|
|
|
Synopsis
|
Grievant was employed on a probationary basis by Respondent Division of Highways as an Occupational Safety Specialist. Respondent terminated Grievant for infractions that amount to unsatisfactory performance. Grievant contests these allegations and implies that termination is too severe. Grievant did not prove that his performance was satisfactory or that mitigation of termination is warranted. Accordingly, this grievance is Denied.
|
Back to Results
Search Again