Database Search Result Details
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First Name
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John
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Last Name
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Gragg
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Decision Date
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2/7/2020
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Docket Number
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2019-1194-MAPS
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ALJ
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WBM
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Respondent
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Division of Corrections and Rehabilitation/Bureau of Prisons and Jails
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Employment Type
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STATE
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Job Title
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CO II
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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.
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Outcome
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Denied
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Statutes
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W. Va. Code § 6C 2 2 (d)
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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); Drown v. W. Va. Civil Serv. Comm'n, 180 W. Va. 143, 145, 375 S.E.2d 775, 777 (1988); State ex rel. Eads v. Duncil, 196 W. Va. 604, 474 S.E.2d 534 (1996); Frymier v. Higher Education Policy Comm’n, 655 S.E.2d 52, 221 W. Va. 306 (2007)
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Keywords
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Termination; Inmate Transport; Inmate Escape; Policy Violation; Misconduct; Arbitrary and Capricious; Discrimination; Mitigation
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to Kanawha County Circuit Court 3/6/2020; Judge Kaufman; Civil Action No. 20-AA-30
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Supreme Court
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Synopsis
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Grievant was employed by Respondent as a Correctional Officer II. Respondent asserts that Grievant violated policy while performing his duties as a Temporary Transportation Officer for the North Central Regional Jail, and that such contributed to the escape of an inmate. Respondent dismissed Grievant from employment. Grievant denies Respondent’s claims and asserts that any violation of policy or practice he committed did not contribute to the inmate escape. Grievant further asserts that Respondent engaged in discrimination and favoritism as he was dismissed from employment when others involved were not. Respondent proved its claims by a preponderance of the evidence. Grievant failed to prove his claims of discrimination and favoritism by a preponderance of the evidence. Grievant also failed to prove that mitigation of his discipline was appropriate.
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