Database Search Result Details
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First Name
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Nichalous
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Last Name
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Anello
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Decision Date
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5/7/2021
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Docket Number
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2020-1066-DOT
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ALJ
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JSF
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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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TW1
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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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Denied
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Statutes
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W. Va. Code St. R. § 143-1-10.1.a. (2016)
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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; Failed Drug Test; 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 employed by the Division of Highways (DOH) on a probationary basis when he failed a drug test. DOH dismissed Grievant for violating its drug policy. Grievant contends the test misidentified over-the-counter medication and that he requested but was not allowed further testing of the sample. DOH proved the test was accurate and that Grievant engaged in misconduct. Accordingly, this grievance is DENIED.
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