Database Search Result Details
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First Name
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Wesley
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Last Name
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Fields
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Decision Date
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11/19/2020
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Docket Number
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2020-1412-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 Prisons and Jails AND
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Employment Type
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STATE
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Job Title
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CO III
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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 employment.
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Outcome
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Granted
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Statutes
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Related Cases
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Bassham v. Div. of Corr. & Rehabilitation, Docket No. 2020-1447-MAPS (Nov. 6, 2020); Drown v. W. Va. Civil Serv. Comm'n, 180 W. Va. 143, 145, 375 S.E.2d 775, 777 (1988)
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Keywords
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Termination; Temporary Assignment
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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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Respondent dismissed Grievant for refusing to perform a temporary assignment at the South Central Regional Jail because it was falsely rumored that an inmate had tested positive to COVID-19 at that facility. Grievant did not refuse to perform the temporary assignment. Grievant told his supervisors that he was not feeling well and needed to go to the doctor. The executive officers specifically gave Grievant permission to leave the facility to see a doctor. Respondent did not prove the reasons it cited for the termination of Grievant’s employment by a preponderance of the evidence.
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