Database Search Result Details
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First Name
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Adam
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Last Name
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Winter
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Decision Date
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4/1/2021
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Docket Number
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2020-1541-DOT
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ALJ
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WBM
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Respondent
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Division of Highways
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Employment Type
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STATE
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Job Title
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Transportation Worker 2
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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 probationary employment.
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Outcome
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Granted
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Statutes
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49 C.F.R. § 40.251; 49 C.F.R. § 40.267
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Related Cases
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Cosner v. Dep’t of Health and Human Resources/William R. Sharpe, Jr. Hospital, Docket No. 08-HHR-008 (Dec. 30, 2008); Bonnell v. W. Va. Dep't of Corrections, 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); State v. Hood, 155 W. Va. 337, 342, 184 S.E.2d 334, 337 (1971); State v. Dyer, 160 W. Va. 166, 172, 233 S.E.2d 309, 312 (1977)
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Keywords
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Termination; Probationary Employee; Substance Abuse Policy; Breath-alcohol Test; Conformation Test; Misconduct; Arbitrary and Capricious
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Intermediate Court of Appeals
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Circuit Court
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Respondent appealed to Kanawha County Circuit Court 5/12/2021; Judge Ballard, Civil Action No. 21-AA-28, Affirmed 8/31/2021
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Supreme Court
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Synopsis
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Grievant is a probationary Transportation Worker employed by the Division of Highways. His job requires him to be subject to random alcohol and drug testing. Grievant was subjected to a random breath-alcohol test and the results indicated his blood-alcohol level exceeded the permitted limit. Grievant was immediately dismissed from employment based solely upon the results of the breath-alcohol test. Since Grievant was dismissed for misconduct rather than poor performance Respondent has the burden of proving the reasons for the dismissal by a preponderance of the evidence.
The evidence revealed that the blood-alcohol tests were not conducted pursuant to the required policies and procedure which renders the results invalid. Respondent did not prove the reasons for the discharge by a preponderance of the evidence.
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