Database Search Result Details
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First Name
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Leighanne
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Last Name
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Ruley
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Decision Date
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4/13/2021
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Docket Number
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2019-1633-CONS
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ALJ
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WBM
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Respondent
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Department of Health and Human Resources/Mildred Mitchell-Bateman Hospital
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Employment Type
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STATE
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Job Title
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Licensed Practical Nurse
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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’s employment.
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Outcome
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Denied
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Statutes
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W. VA. CODE ST. R. § 143-1-12.2.a. (2016); W. Va. Code St. R. § 64-59-3.12 (1995)
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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); Guine v. Civil Serv. Comm'n, 149 W. Va. 461, 141 S.E.2d 364 (1965); W. Va. Dep’t of Trans., Div. of Highways v. Litten, No. 12-0287 (W.Va. Supreme Court, June 5, 2013) (memorandum decision); Drown v. W. Va. Civil Serv. Comm'n, 180 W. Va. 143, 145, 375 S.E.2d 775, 777 (1988)
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Keywords
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Termination; Patient Neglect; Job Duties; Face Checks; Spot Checks; Falsifying Documents
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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 and three other workers were terminated from employment at MMBH for failing to perform required periodic checks to ensure that patients were in their rooms and not in acute distress. An investigation was conducted and concluded that Grievant and others had committed patient neglect by failing to provide the necessary and required supervision for patients in their care. Grievant was able to show that she performed one “face check” and had traded duties with another employee to perform some others. However, Respondent proved that Grievant failed to perform a required “spot check” and completed the patient check forms at the beginning of the shift rather than as the checks were conducted. This resulted in the appearance that Grievant had conducted “face checks” and a “spot check” which she had not. Grievance is denied.
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