Database Search Result Details
|
First Name
|
Aaron
|
|
Last Name
|
English
|
|
Decision Date
|
4/23/2021
|
|
Docket Number
|
2020-1051-DHHR
|
|
ALJ
|
BTC
|
|
Respondent
|
Department of Health and Human Resources/Bureau for Children and Families
|
|
Employment Type
|
STATE
|
|
Job Title
|
ESW
|
|
Topics
|
Dismissed; Termination
|
|
Primary Issues
|
Whether Respondent proved Grievant committed gross misconduct and that its decision to terminate Grievant’s employment for the same was not arbitrary and capricious.
|
|
Outcome
|
Denied
|
|
Statutes
|
W. Va. Code St. R. § 143-1-10.1.a. (2016); W. Va. Code § 29-6-10(12)
|
|
Related Cases
|
Cosner v. Dep’t of Health and Human Resources/William R. Sharpe, Jr. Hospital, Docket No. 08-HHR-008 (Dec. 30, 2008); Livingston v. Dep’t of Health and Human Res., Docket No. 2008-0770-DHHR (Mar. 21, 2008); 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); Graley v. Parkways Econ. Dev. & Tourism Auth., Docket No. 91-PEDTA-225 (Dec. 23, 1991)
|
|
Keywords
|
Termination; Probationary Employee; Gross Misconduct; Inappropriate Conduct; Arbitrary and Capricious
|
|
Intermediate Court of Appeals
|
|
|
Circuit Court
|
|
|
Supreme Court
|
|
|
Synopsis
|
Grievant was employed by Respondent as a probationary Economic Services Worker. Grievant’s probationary employment was terminated for gross misconduct inappropriate contact with a client including the solicitation of nude photographs. Respondent proved Grievant committed gross misconduct and that its decision to terminate Grievant’s employment for the same was not arbitrary and capricious. Grievant failed to prove he was entitled to more due process than that which he received post-termination. Accordingly, the grievance is denied.
|
Back to Results
Search Again