Database Search Result Details
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First Name
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Pamela
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Last Name
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Burns
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Decision Date
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10/15/2020
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Docket Number
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2020-1061-KanCH
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ALJ
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WBM
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Respondent
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Kanawha-Charleston Health Department
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Employment Type
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STATE
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Job Title
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Nurse 3
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Topics
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Dismissed; Termination
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Primary Issues
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Whether Grievant proved that her resignation was involuntary or that she was constructively discharged.
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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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Smith v. W. Va. Dept. of Corrections, Docket No. 94-CORR- 1092 (Sept. 11, 1995); Welch v. W. Va. Dept. of Corrections, Docket No. 95-CORR- 261 (Jan. 31, 1996); McClung v. W. Va. Dep't of Public Safety, Docket No. 89-DPS-240 (Aug. 14, 1989); Slack v. Kanawha County Housing, 188 W. Va. 144, 423 S.E.2d 547 (1992); Falquero v. Dep't of Enviro. Protection, Docket No. 2008-1596-DEP (Dec. 16, 2008); Bonnell v. W. Va. Dep't of Corrections, Docket No. 89-CORR-163 (Mar. 8, 1990)
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Keywords
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Termination; Resignation; Coercion; Deception; Probationary Employee; Job 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 employed in the position of a Nurse 3 and was serving a probationary period. She was given the difficult choice of resigning or being dismissed. Grievant chose the “resign under protest.” She alleges that her resignation was given under duress, involuntary, and resulted in a constructive discharge. Grievant was unable to perform essential recording keeping functions of the job after receiving more that the regular amount of training. She was given time to consider her choice and consult with an advisor. She did not prove that her resignation was involuntary. Even if Grievant’s resignation was involuntary, she did not prove that her job performance during the probationary period was satisfactory. Therefore, her dismissal was justified.
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