Database Search Result Details
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First Name
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Ernest
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Last Name
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Green
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Decision Date
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12/18/2019
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Docket Number
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2019-0788-DOA
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ALJ
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WBM
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Respondent
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General Services Division
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Employment Type
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STATE
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Job Title
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HVAC Technician
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Topics
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Dismissal; Termination
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Primary Issues
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Whether Respondent proved by a preponderance of the evidence that the dismissal of Grievant from employment was justified.
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Outcome
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Denied
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Statutes
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W. Va. Code St. R. § 143-1-14.8.a
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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); Drown v. W. Va. Civil Serv. Comm'n, 180 W. Va. 143, 145, 375 S.E.2d 775, 777 (1988); Kitchen v. Dep’t of Health and Human Res., Docket No. 05-HHR-175 (Oct. 18, 2005); Hayden v. Dep’t of Health and Human Res., Docket No. 98-HHR-133 (1999); Wounaris v, W. Va. State Coll, 214 W. Va. 241, 588 S.E.2d 406 (2003)
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Keywords
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Termination; Failure to Return to Work; Leave of Absence
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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 had been on various paid and unpaid leaves of absence from employment for a period of roughly fifteen months. Respondent notified Grievant of the specific date which the last leave of absence ended and dismissed Grievant when he failed to report to work the day after the leave expired. Grievant argued that Respondent was prohibited from terminating his employee while he had a separate grievance pending.
Respondent proved that there were compelling reasons for the termination of Grievant’s employment which were not related to the pending grievance.
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