Database Search Result Details
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First Name
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Bryon
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Last Name
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Whetzel
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Decision Date
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12/22/2020
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Docket Number
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2019-0663-MAPS
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ALJ
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JSF
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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
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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 St. R. § 143-1-10.1.a. (2016)
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Related Cases
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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); Cosner v. Dep’t of Health and Human Res., Docket No. 08-HHR-008 (Dec. 30, 2008); Hammond v. Div. of Veteran’s Affairs, Docket No. 2009-0161-MAPS (Jan. 7, 2009); Hackman v. Dep’t of Transp., Docket No. 01-DMV-582 (Feb. 20, 2002); McCoy v. W. Va. Dep’t of Transp., Docket No. 98-DOH-399 (June 18, 1999)
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Keywords
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Termination; Probationary Employee; Tardiness; Attendance Improvement Plan; Unsatisfactory Performance; Misconduct; Arbitrary and Capricious
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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 on a probationary basis as a Correctional Officer by the Division of Corrections and Rehabilitation (DCR). DCR terminated Grievant for misconduct, citing tardiness after placement on an Attendance Improvement Plan, negligence in allowing three inmates out of Administrative Segregation and into a cell where they sexually assaulted an inmate, untruthfulness during the ensuing investigation into the assault, failure to provide a doctor’s note, and appropriation of a work radio. DCR proved its allegations of misconduct and that its dismissal of Grievant was not arbitrary and capricious. Accordingly, this grievance is DENIED.
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