Database Search Result Details
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First Name
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Erica
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Last Name
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Green
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Decision Date
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12/9/2020
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Docket Number
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2020-1513-WVUIT
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ALJ
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BTC
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Respondent
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West Virginia University Institute of Technology
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Employment Type
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HE
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Job Title
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Campus Service Worker
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Topics
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Dismissed; Termination
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Primary Issues
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Whether Respondent proved it was justified in terminating Grievant’s employment for job abandonment.
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Outcome
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Denied
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Statutes
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W. Va. Code § 21-5D-4(a); 29 U.S.C. § 2612(a)(1)(A)
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Related Cases
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Conley v. W. Va. Div. of Highways, Docket No. 2010-1123-DOT (Dec. 27, 2010); Wolfe v. Dep't of Health & Human Ser., Docket No. 2008-1863-CONS (Mar. 4, 2010)
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Keywords
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Termination; Unauthorize Leave; Return to Work; Family Medical Leave Act; Parental Leave Act; Job Abandonment
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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 by Respondent as a Campus Service Worker. Grievant took leave for the birth of her child. Grievant failed to provide required medical documentation, failed to communicate with Respondent, and failed to return to work following the expiration of her leave. Respondent terminated Grievant’s employment for gross misconduct for job abandonment. Respondent proved it was justified in terminating Grievant’s employment for job abandonment. Accordingly, the grievance is denied.
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