details - Public Grievance Board

First Name	Daniel
Last Name	Frost
Decision Date	1/27/2020
Docket Number	2019-0319-BSC
ALJ	BTC
Respondent	Bluefield State College
Employment Type	HE
Job Title	Counselor II
Topics	Dismissal; Termination
Primary Issues	Whether Respondent proved that termination of Grievant’s employment was justified or whether Grievant proved that the termination was retaliatory
Outcome	Denied
Statutes	W. Va. Code St. R. § 156-1-6.6 (2018); W.Va. Code § 6C-2-3(h)
Related Cases	Cook v. Dept. of Health & Human Res., Docket No. 99-HHR-298 (Nov. 30, 1999); Dalton v. Dept. of Health & Human Res., Docket No. 2013-1547-DHHR (Oct. 10, 2013); Freeman v. Fayette Cty. Bd. of Educ., 215 W. Va. 272, 277, 599 S.E.2d 695, 700 (2004); Conner v. Barbour Cty. Bd. of Educ., 200 W. Va. 405, 409, 489 S.E.2d 787 (1997)
Keywords	Termination; Job Duties; Medical Leave; Reprisal; Retaliation
Intermediate Court of Appeals
Circuit Court	Grievant appealed to Kanawha County Circuit Court 3/5/2020; Judge Bloom; Civil Action No. 20-AA-29; Affirmed 8/25/2020
Supreme Court
Synopsis	Grievant was employed by Respondent in a classified position and protests his termination from employment while on medical leave alleging such was retaliation because Respondent would not permit him to take indefinite catastrophic leave. Grievant’s employment was terminated based on the medical verification provided by his own doctor stating that he was permanently incapacitated from performing his job duties. Respondent’s decision to terminate Grievant’s employment under these circumstances was reasonable. The granting of indefinite discretionary catastrophic leave is not a reasonable accommodation. Grievant made a prima facie case of retaliation but Respondent provided credible evidence of legitimate nondiscriminatory reasons for its actions and Grievant failed to prove those reasons were pretextual. Accordingly, the grievance is denied.

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