Database Search Result Details
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First Name
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Francis
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Last Name
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Dumas
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Decision Date
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12/13/2019
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Docket Number
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2019-0507-DHHR
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ALJ
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JSF
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Respondent
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Department of Health and Human Resources/William R. Sharpe, Jr. 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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Dismissal; Termination; Suspension
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Primary Issues
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Whether Respondent had good cause to terminate Grievant.
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Outcome
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Denied
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Statutes
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W. Va. Code St. R. § 64-59-3.13 (1995)
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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); Graley v. Parkways Econ. Dev. & Tourism Auth., Docket No. 91-PEDTA-225 (Dec. 23, 1991) (citing 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)
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Keywords
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Suspension; Termination; Investigation; Physical Abuse; Misconduct
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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 as a Health Service Worker at Sharpe Hospital. Sharpe fired Grievant for hitting a patient. Grievant contends he did not strike the patient, but simply diverted the patient’s head to stop him from spitting on, biting, and headbutting staff. Respondent proved by a preponderance of evidence that Grievant intentionally hit the patient in retaliation for being spit on. This was good cause for dismissal. Accordingly, the grievance is Denied.
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