Database Search Result Details
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First Name
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Frances
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Last Name
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Hamilett
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Decision Date
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2/9/2021
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Docket Number
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2020-1535-CONS
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ALJ
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BTC
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Respondent
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Department of Health and Human Resources/Bureau for Children and Families
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Employment Type
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STATE
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Job Title
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Child Protective Service Worker
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Topics
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Termination
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Primary Issues
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Whether Respondent proved it had good cause to terminate Grievant’s employment.
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Outcome
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Denied
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Statutes
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W. Va. Code § 61-4-9(c); W. Va. Code § 60A-4-401(c); W. Va. Code St. R. § 143-1-12.3.b (2016)
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Related Cases
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Oakes v. W. Va. Dep't of Finance and Admin., 164 W. Va. 384, 264 S.E.2d 151 (1980); Jones v. W. Va. Dep’t of Health & Human Res., Docket No. 96-HHR-371 (Oct. 30, 1996); Clarke v. W. Va. Bd. of Regents, 166 W. Va. 702, 279 S.E.2d 169 (1981); Burchell v. Bd. of Trustees, Marshall Univ., Docket No. 97-BOT-011 (Aug. 29, 1997)
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Keywords
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Termination; Suspension; Misconduct; Investigation
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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 Child Protective Service Worker. Grievant was suspended pending investigation and later dismissed from employment at the conclusion of the investigation. Respondent proved it had good cause to terminate Grievant’s employment for the misuse of clothing vouchers and improper handling of client prescription medication. Grievant failed to prove her due process rights were violated. Accordingly, the grievance is denied.
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