Database Search Result Details
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First Name
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Candus
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Last Name
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Washington
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Decision Date
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5/5/2020
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Docket Number
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2020-0543-DHHR
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ALJ
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BTC
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Respondent
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Department of Health and Human Resources/Bureau for Children and Families
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Employment Type
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STATE
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Job Title
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Family Support Specialist
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Topics
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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-2-3(h)
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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); Graley v. Parkways Econ. Dev. & Tourism Auth., Docket No. 91-PEDTA-225 (Dec. 23, 1991); Jones v. W. Va. Dep’t of Health & Human Res., Docket No. 96-HHR-371 (Oct. 30, 1996); Freeman v. Fayette Cty. Bd. of Educ., 215 W. Va. 272, 277, 599 S.E.2d 695, 700 (2004); Martin v. W. Va. Fire Comm'n, Docket No. 89-SFC-145 (Aug. 8, 1989); Phillips v. Summers County Bd. of Educ., Docket No. 93-45-105 (Mar. 31, 1994)
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Keywords
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Termination; Gross Misconduct; Mitigation
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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 employed by Respondent within the Bureau of Children and Families as a Family Support Specialist. Grievant’s employment was terminated for gross misconduct. Respondent proved Grievant committed gross misconduct and that it was justified in terminating Grievant’s employment for the same. Grievant failed to prove retaliation or that mitigation of the punishment is warranted. Accordingly, the grievance is denied.
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