Database Search Result Details
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First Name
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Pamela
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Last Name
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Peters
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Decision Date
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1/28/2020
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Docket Number
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2019-0541-OhiED
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ALJ
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JSF
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Respondent
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Ohio County Board of Education
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Employment Type
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PROF
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Job Title
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Teacher
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Topics
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Dismissal; Termination
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Primary Issues
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Whether Respondent proved Grievant’s conduct was non-correctable and willful, justifying termination rather than an improvement plan.
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Outcome
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Granted/Denied
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Statutes
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W. Va. Code § 18A-2-8
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Related Cases
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Burkhammer v. Dep't of Health & Human Res., Docket No. 03-HHR-073 (May 30, 2003); Parham v. Raleigh County Bd. of Educ., 192 W. Va. 540, 453 S.E.2d 374 (1994); Beverlin v. Bd. of Educ., 158 W. Va. 1067, 216 S.E.2d 554 (1975); Maxey v. McDowell County Bd. of Educ., 212 W. Va. 668, 575 S.E.2d 278 (2002); Mason County Bd. of Educ. v. State Superintendent of Sch., 165 W. Va. 732, 274 S.E.2d 435 (1980); Bierer v. Jefferson County Bd. of Educ., Docket No. 01-19-595 (May 17, 2002); Byers v. Wood County Bd. of Educ., Docket No. 2013-2075-WooED (Oct. 31, 2013); Fox v. Bd. of Educ. of Doddridge County, 160 W.Va. 668, 672, 236 S.E.2d 243, 246 (1977); Waggoner v. Cabell County Bd. of Educ., Docket No. 2008-1570-CabED (Oct. 31, 2008)
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Keywords
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Termination; Insubordination; Willful Neglect of Duty; Work-Related Injury; Family and Medical Leave Act; Correctable Conduct; Progressive Discipline, Improvement Plan
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Intermediate Court of Appeals
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Circuit Court
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Respondent appealed to Kanawha County Circuit Court 3/5/2020; Judge Bloom; Civil Action No. 20-AA-28
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Supreme Court
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Synopsis
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Grievant was injured at work while employed by Respondent as a classroom teacher. After missing two years, she returned to work, only to be sidelined with shingles for a month. After Grievant exhausted her paid leave, Respondent processed the rest of her absence as unpaid leave. Respondent informed Grievant she would need preapproval to use her three remaining days. It also directed her to prepare lesson plans a week in advance. Grievant then missed three days due to illness, informing Respondent of her absence each morning. Whereupon, Respondent terminated her because she did not have adequate lesson plans or preapproval for unpaid leave. Grievant challenges her termination due to lack of an improvement period or prior discipline. Respondent counters that Grievant’s conduct was willful and insubordinate. Respondent failed to prove Grievant’s conduct was non-correctable or willful.
Grievant further alleges that her termination was in retaliation for using worker’s compensation and that Respondent violated HIPPA, FMLA, and the ADA by contacting her medical provider without permission and failing to provide extended leave or sufficient accommodations. Grievant did not prove these actions entitled her to relief. Accordingly, this grievance is GRANTED, IN PART, AND DENIED, IN PART.
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