Database Search Result Details
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First Name
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Ivy
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Last Name
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Dan
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Decision Date
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4/5/2021
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Docket Number
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2020-1076-DHHR
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ALJ
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JSF
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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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Social Service Worker 3
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Topics
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Dismissed; Termination
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Primary Issues
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Whether Respondent acted in an arbitrary and capricious manner in dismissing Grievant.
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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); W. Va. Code St. R. § 156-1-3 (2018)
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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); McCoy v. W. Va. Dep’t of Transp., Docket No. 98-DOH-399 (June 18, 1999); Nicholson v. W. Va. Dep’t of Health and Human Res., Docket No. 99-HHR-299 (Aug. 31, 1999)
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Keywords
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Termination; Probationary Employee; Application; Making False Statements; Background Check; 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 hired as a probationary employee by BCF, pending a background check. Grievant was dismissed at the end of her first day when her background check revealed two misdemeanors. Grievant asserts that BCF told her to leave those misdemeanors off her application and that it would determine its course of action after completing her background check. Grievant failed to prove that her dismissal was arbitrary and capricious. Accordingly, this grievance is DENIED.
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