Database Search Result Details
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First Name
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Curt
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Last Name
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Taylor
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Decision Date
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8/28/2020
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Docket Number
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2020-0862-CONS
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ALJ
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WBM
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Respondent
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Department of Health and Human Resources/Mildred Mitchell-Bateman Hospital
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Employment Type
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STATE
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Job Title
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HSW
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Topics
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Termination
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Primary Issues
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Whether The termination of Grievant’s employment was justified given the totality of the circumstances and his successful employment tenure.
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Outcome
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Granted/Denied
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Statutes
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W. VA. CODE ST. R. § 64-59-3.17
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Related Cases
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Syl. Pt. 1, Oakes v. W. Va. Dep’t of Finance and Admin., 164 W. Va. 384, 264 S.E.2d 151 (1980); Guine v. Civil Serv. Comm’n, 149 W. Va. 461, 141 S.E.2d 364 (1965); Sloan v. Dep’t of Health & Human Res., 215 W. Va. 657, 661, 600 S.E.2d 554, 558 (2004) (per curiam); Serreno v. West Va. Civil Serv. Comm’n, 169 W. Va. 111, 115, 285 S.E.2d 899, 902 (1982) (per curiam); Drown v. West Va. Civil Serv. Comm’n, 180 W. Va. 143, 145, 375 S.E.2d 775, 777 (1988); McVay v. Wood County Bd. of Educ., Docket No. 95-54-041 (May 18, 1995); Crites v. Dep’t of Health & Human Ser., Docket No. 2011-0216-DHHR (Nov. 16, 2011)
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Keywords
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Dismissal, Verbal Abuse, Mental Hospital, Classified State Employee, Mitigation, Classified Service, Patient Abuse
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Intermediate Court of Appeals
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Circuit Court
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Respondent appealed to Kanawha County Circuit Court 10/9/2020; Judge Webster; Civil Action No. 20-AA-74, Affirmed 10/4/2021
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Supreme Court
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Synopsis
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Grievant was dismissed from employment as a Health Service Worker for verbal abuse of a patient when he told the patient to “get his lazy ass to changing his bed” after the patient had urinated in the bed. Respondent proved that the incident occurred, and discipline was appropriate. Grievant proved that the misconduct was neither willful nor substantial enough to justify termination of a permanent classified employee with a good performance record.
Given the totality of the circumstances, mitigation of the punishment is appropriate. The dismissal is reversed and reduced to a ten-day suspension.
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