Database Search Result Details
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First Name
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Debra
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Last Name
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Sparks
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Decision Date
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10/21/2019
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Docket Number
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2019-1750-CONS
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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/Mildred Mitchell-Bateman Hospital
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Employment Type
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STATE
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Job Title
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Health Service Worker
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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’s employment.
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Outcome
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Denied
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Statutes
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W. Va. Code St. R. § 64-59-3.12
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Related Cases
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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); Sloan v. Dep't of Health & Human Res., 215 W. Va. 657, 600 S.E.2d 554 (2004); Drown v. W. Va. Civil Serv. Comm'n, 180 W. Va. 143, 145, 375 S.E.2d 775, 777 (1988)
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Keywords
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Termination; Misconduct; Face Checks/Security Checks
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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 a Health Service Worker and grieves her suspension and subsequent termination from employment for patient neglect. Grievant was terminated for failing to perform face checks when she documented that she had done so. Respondent proved Grievant failed to perform face checks and falsely documented that she had done so. This is substantial misconduct for which termination of employment is warranted. Accordingly, the grievance is denied.
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