Database Search Result Details
|
First Name
|
Kayla
|
|
Last Name
|
Wratchford
|
|
Decision Date
|
2/25/2021
|
|
Docket Number
|
2020-1560-CONS
|
|
ALJ
|
JSF
|
|
Respondent
|
Division of Corrections/Bureau of Prisons and Jails
|
|
Employment Type
|
STATE
|
|
Job Title
|
Correctional Counselor I
|
|
Topics
|
Suspension; Dismissed; Termination
|
|
Primary Issues
|
Whether Respondent had good cause to terminate Grievant’s employment.
|
|
Outcome
|
Granted
|
|
Statutes
|
W. Va. Code St. R. § 156-1-3 (2018)
|
|
Related Cases
|
Reynolds v. Kanawha-Charleston Health Dep’t, Docket No. 90-H-128 (Aug. 8, 1990); Day v. Morgan Co. Health Dep’t, Docket No. 07-CHD-121 (Dec. 14, 2007); Smarr and Schultheiz v. DCR/BPJ/SMCCJ, Docket No. 2020-1488-CONS (Sept. 23, 2020); Martin v. W. Va. Fire Comm'n, Docket No. 89-SFC-145 (Aug. 8, 1989); Overbee v. Dep't of Health and Human Resources/Welch Emergency Hosp., Docket No. 96-HHR-183 (Oct. 3, 1996); Phillips v. Summers County Bd. of Educ., Docket No. 93-45-105 (Mar. 31, 1994); State ex rel. Eads v. Duncil, 196 W. Va. 604, 474 S.E.2d 534 (1996)
|
|
Keywords
|
Suspension; Termination; COVID-19 Policy; N95 Mask; Full Protective Gear; Leaving Post Without Permission; Insubordinate Behavior; Mitigation; Arbitrary and Capricious
|
|
Intermediate Court of Appeals
|
|
|
Circuit Court
|
Respondent appealed to Kanawha County Circuit Court 3/18/2021; Judge Kaufman; Civil Action No. 21-AA-18
|
|
Supreme Court
|
|
|
Synopsis
|
Grievant was employed by the Division of Corrections and Rehabilitation (DCR) as a Correctional Counselor at the Huttonsville Correctional Center and Jail (HCCJ) when COVID-19 swept the nation. Grievant knew that many inmates and multiple staff had tested positive for COVID-19 and that hundreds of other inmates were awaiting their test results. Grievant was under immense stress due to the possibility of exposing her immunocompromised husband due to her daily inmate interaction with only a cloth mask manufactured from an old t-shirt to protect her. When she arrived at work on May 27, 2020, Grievant saw staff equipped with N95 masks and full gear. Lt. Currence directed that Grievant also be fitted. Superintendent Searls arrived moments later and nixed the directive, deeming a cloth mask sufficient. Grievant yelled at Superintendent Searls and left the facility grounds in a panic, even after being told to stay. DCR dismissed Grievant for various infractions related to this incident. While DCR proved that Grievant’s actions violated protocol, it did not prove that this amounted to misconduct of a substantial nature affecting the interests and safety of the public or a gross disregard for professional responsibilities. In the alternative, Grievant proved mitigation is warranted. Accordingly, the grievance is GRANTED.
|
Back to Results
Search Again