Database Search Result Details
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First Name
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Ronald
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Last Name
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Luther, Jr.
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Decision Date
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4/17/2020
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Docket Number
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2020-0559-DOC
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ALJ
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WBM
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Respondent
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Division of Natural Resources
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Employment Type
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STATE
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Job Title
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Natural Resources Police Officer
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Topics
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Dismissed; Termination
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Primary Issues
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Whether Grievant prove that his job performance during his probationary period was satisfactory.
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Outcome
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Denied
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Statutes
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W. Va. Code St. R. § 143-1-10.1.a
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Related Cases
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Cosner v. Dep’t of Health and Human Resources/William R. Sharpe, Jr. Hospital, Docket No. 08-HHR-008 (Dec. 30, 2008); Livingston v. Dep’t of Health and Human Res., Docket No. 2008-0770-DHHR (Mar. 21, 2008); . Bonnell v. W. Va. Dep't of Corrections, Docket No. 89-CORR-163 (Mar. 8, 1990); Roberts v. Dep’t of Health and Human Res., Docket No. 2008-0958-DHHR (Mar. 13, 2009)
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Keywords
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Termination; Probationary Officer; One-Year Probationary Period; Training; Unsatisfactory Performance
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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 was a Natural Resources Police Officer serving a one-year probationary period. After 42 weeks in the probationary program, Grievant’s employment was terminated for unsatisfactory performance. Grievant argued that his job performance was satisfactory, and his training officers were overly critical of every mistake he made. He argues that the hypercritical environment caused him to be tentative in making decisions and uncertain of his actions. Respondent demonstrated that Grievant had not progressed to the point where it was believed he could properly function independently as a NRPO despite significant training and opportunities to improve. Grievant did not prove that his probationary job performance was satisfactory.
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