Database Search Result Details
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First Name
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Seth
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Last Name
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Guthrie
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Decision Date
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8/31/2020
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Docket Number
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2020-0796-MAPS
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ALJ
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JSF
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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 I
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Topics
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Suspension; Termination
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Primary Issues
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Whether Grievant proved that his suspension was improper and that he is entitled to backpay.
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Outcome
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Denied
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Statutes
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W. Va. Code St. R. § 143-1-12.3.b
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Related Cases
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Ferrell and Marcum v. Reg'l Jail and Corr. Facility Auth./W. Reg'l Jail, Docket No. 2013-1005-CONS (June 4, 2013); W. Va. Code St. R. 143-1-12.3.b; Kendall, et. al. v. DHHR/BCF, Docket No. 2019-1336-CONS (May 19, 2020)
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Keywords
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Suspension; Termination; Probationary Employee; Misconduct; Investigation
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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 on a probationary basis as a Correctional Officer. Respondent suspended Grievant without pay pending an investigation, then dismissed him after the investigation substantiated misconduct. Grievant challenged his dismissal, then conceded that his conduct was wrong and his dismissal justified. Grievant now requests backpay for the duration of his suspension, arguing that he was already punished through his dismissal. Grievant’s suspension was not disciplinary because it was done to facilitate an investigation into his job-related conduct. Further, the investigation resulted in his dismissal. Grievant did not prove that the suspension was improper and that he is entitled to backpay. Accordingly, this grievance is DENIED.
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