Database Search Result Details

First Name Misti
Last Name Broyles
Decision Date 4/24/2020
Docket Number 2019-0565-DHHR
ALJ BTC
Respondent Department of Health and Human Resources/Bureau for Children and Families
Employment Type STATE
Job Title Social Worker II
Topics Suspension; Dismissed; Termination
Primary Issues Whether Respondent had good cause to terminate Grievant.
Outcome Granted/Denied
Statutes W. Va. Code St. R. § 143-1-12.3.b; W.Va. Code St § 6C-2-3(g)(2); W. Va. Code St. R. § 143-1-12.2.a.1
Related Cases Ferrell and Marcum v. Reg'l Jail and Corr. Facility Auth./W. Reg'l Jail, Docket No. 2013-1005-CONS (June 4, 2013); Oakes v. W. Va. Dep't of Finance and Admin., 164 W. Va. 384, 264 S.E.2d 151 (1980); Graley v. Parkways Econ. Dev. & Tourism Auth., Docket No. 91-PEDTA-225 (Dec. 23, 1991); Waite v. Civil Serv. Comm'n, 161 W. Va. 154, 156, 241 S.E.2d 164, 166 (1977); Major v. DeFrench, [169 W. Va. 241, 255], 286 S.E.2d 688, 697 (1982); North v. West Virginia Board of Regents, 160 W. Va. 248, 233 S.E.2d 411 (1977); Nickerson v. City of Anacortes, 45 Wash. App. 432, 441, 725 P.2d 1027, 1032 (1986); Carey v. Piphus, 435 U.S. 247, 260, 98 S. Ct. 1042, 1050, 55 L. Ed. 2d 252 (1978); Wines v. Jefferson Cty. Bd. of Educ., 213 W. Va. 379, 582 S.E.2d 826 (2003)
Keywords Suspension; Termination; Due Process Rights; State Drug Policy; Text Messages; State-Issued Cell Phone; Gross Misconduct; Employee Conduct Policy
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant was employed by Respondent as a Social Service Worker 2. Grievant was first suspended without pay pending investigation and then terminated from employment for using her State-issued work cell phone to purchase illegal drugs. Respondent proved Grievant used her State-issued work cell phone to purchase illegal drugs. Respondent violated Grievant’s right to procedural due process when it terminated her employment without giving her notice and opportunity to be heard prior to terminating her employment. As a pre-deprivation hearing would not have changed the outcome, the remedy for the violation is nominal damages of one dollar. Accordingly, the grievance is granted, in part, and denied, in part.

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