Database Search Result Details
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First Name
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Aaron
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Last Name
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Ryan
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Decision Date
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4/5/2021
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Docket Number
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2021-0039-DHHR
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ALJ
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RLR
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Respondent
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Department of Health and Human Resources/William R. Sharpe, Jr. Hospital
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Employment Type
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STATE
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Job Title
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Health Service Worker
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Topics
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Dismissed; Termination
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Primary Issues
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Whether Respondent proved by a preponderance of the evidence that Grievant engaged in job abandonment.
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Outcome
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Granted
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Statutes
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143 C.S.R. 1 § 12.2(c) (2016)
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Related Cases
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Riggs v. Dep’t of Transp., Docket No. 2009-0005-DOT (Aug. 4, 2009); House v. Civil Serv. Comm'n, 181 W. Va. 49, 51, 380 S.E.2d 216, 218 (1989); Toler v. Dep’t of Health & Human Res., Docket No. 2012-0189-DHHR (July 31, 2012); Cook v. W. Va. Dep’t of Health & Human Res., Docket No. 99-HHR-298 (Nov. 30, 1999); Koblinsky v. Putnam County Health Dep’t, Docket No. 2011-1772-CONS (Oct. 23, 2012), aff’d, Cir. Ct. of Kanawha County (July 24, 2013)
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Keywords
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Termination; Job Abandonment; Self-Quarantine; COVID-19; Policy Change
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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 worked at Sharpe Hospital as a Health Service Worker. Grievant was dismissed from employment following his return from annual leave for job abandonment. The record established that Grievant’s failure to return to work was due to an unknown policy change concerning quarantine during the pandemic and confusion related to the Respondent’s work schedule. Respondent failed to prove by a preponderance of the evidence that Grievant engaged in job abandonment. This grievance is granted.
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