Database Search Result Details
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First Name
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Robert
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Last Name
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Tate
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Decision Date
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10/23/2020
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Docket Number
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2020-0711-MAPS
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ALJ
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WBM
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Respondent
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Division of Corrections and Rehabilitation/Bureau of Community Corrections
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Employment Type
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STATE
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Job Title
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Counselor
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Topics
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Dismissal; Termination
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Primary Issues
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Whether Respondent proved that it had legitimate non-retaliatory reasons for the termination of Grievant’s employment.
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Outcome
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Denied
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Statutes
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W. Va. Code § 6C-2-2(o); W. Va. Code § 23-5A-3
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Related Cases
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House v. Civil Serv. Comm'n, 181 W. Va. 49, 380 S.E.2d 226 (1989); Freeman v. Fayette Cty. Bd. of Educ., 215 W. Va. 272, 277, 599 S.E.2d 695, 700 (2004); Vest v. Board of Educ., 193 W. Va. 222, 227, 455 S.E.2d 781 (1995)
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Keywords
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Termination; Reprisal; Workers’ Compensation Act; Policy
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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 dismissed for from employment for violating DCR Policy 129.03 which requires employees to immediately report any arrest for a misdemeanor or felony to their immediate supervisor. Grievant was arrested on a felony charge in North Carolina and pled guilty to a reduced misdemeanor charge. Grievant did not report either event to his supervisor. They were later discovered during a routine records check performed for other reasons. Grievant admits that he did not report the arrest and conviction but argues that in truth, Respondent terminated his employment in retaliation for him previously reporting alleged violations of policies by others at PCCJ and his Workers’ Compensation claim. Respondent proved that it had valid non-retaliatory reasons for terminating Grievant’s employment. Grievant did not prove that those reasons were pretextual.
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