Database Search Result Details
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First Name
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Stephen
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Last Name
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Podewell
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Decision Date
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11/12/2020
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Docket Number
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2020-0278-WVU
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ALJ
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JSF
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Respondent
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West Virginia University
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Employment Type
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HE
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Job Title
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Supervisor of Campus Services
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Topics
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Dismissed; Termination
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Primary Issues
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Whether Respondent had good cause to terminate Grievant’s probationary employment.
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Outcome
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Denied
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Statutes
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W. Va. Code § 6C-2-3(c)(1); W. Va. Code § 6C-2-2(c)
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Related Cases
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Ball v. Kanawha County Bd. of Educ., Docket No. 94-20-384 (Mar. 13, 1995); Woods v. Fairmont State College, Docket No. 93-BOD-157 (Jan. 31, 1994); Lynch v. W. Va. Dep't of Transp., Docket No. 97-DOH-060 (July 16, 1997); Carnes v. Raleigh County Bd. of Educ., Docket No. 01-41-351 (Nov. 13, 2001); Bonnell v. Dep't of Corr., Docket No. 89-CORR-163 (Mar. 8, 1990); Roberts v. Dep’t of Health and Human Res., Docket No. 2008-0958-DHHR (Mar. 13, 2009); McCoy v. W. Va. Dep’t of Transp., Docket No. 98-DOH-399 (June 18, 1999); Nicholson v. W. Va. Dep’t of Health and Human Res., Docket No. 99-HHR-299 (Aug. 31, 1999); Jones v. W. Va. Dept. of Health & Human Resources, Docket No. 96-HHR-371 (Oct. 30, 1996)
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Keywords
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Termination; Probationary Employee; Job Duties; Hearsay; Quality of Work; Unsatisfactory Performance; Time Limits; Arbitrary and Capricious; Advisory Opinion
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to Kanawha County Circuit Court 1/5/2021; Judge Tabit; Civil Action No. 21-AA-2
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Supreme Court
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Synopsis
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Grievant was employed on a probationary basis as Supervisor of Roads and Grounds when WVU dismissed him for unsatisfactory performance and cited prior discipline. Grievant grieves his prior discipline and dismissal. WVU proved that the grievance of prior discipline was untimely. Grievant did not prove a proper basis to excuse his untimely grievance of prior discipline. As for the dismissal, WVU cites two incidents: that Grievant failed to ensure the quality of landscaping work at Mountaineer Station on July 17, 2019, and that he improperly processed timecards. While Grievant successfully challenged the charge involving landscaping work at Mountaineer Station, he did not address the accusation that he repeatedly failed to properly process timecards. Grievant thereby failed to prove his performance was satisfactory. Accordingly, this grievance is DISMISSED, in part, and DENIED, in part.
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