Database Search Result Details
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First Name
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Kevin
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Last Name
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Post
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Decision Date
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12/30/2020
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Docket Number
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2019-1899-CONS
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ALJ
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RLR
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Respondent
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Department of Health and Human Resources/William R. Sharpe, Jr. Hospital
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Employment Type
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STATE
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Job Title
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Health 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 had good cause to terminate Grievant.
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Outcome
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Denied
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Statutes
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Related Cases
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Holly v. Logan County Bd. of Educ., Docket No. 96-23-174 (Apr. 30, 1997); Oakes v. W. Va. Dep't of Finance and Admin., 164 W. Va. 384, 264 S.E.2d 151 (1980)
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Keywords
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Termination; Suspension; Misconduct; 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 employed at Sharpe Hospital as a Health Service Worker. Respondent met its burden of proof and demonstrated by preponderance of the evidence that Grievant was dismissed for good cause when he repeatedly violated hospital policy. Employees at Sharpe Hospital must follow policies, especially those related to patient safety. Respondent demonstrated that Grievant’s conduct was of a substantial nature directly affecting the rights and interest of the residents in question at Respondent’s facility. This grievance is denied.
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