Database Search Result Details

First Name S.
Last Name W.
Decision Date 6/24/2021
Docket Number 2021-1999-DOA
ALJ CHL
Respondent Public Employees Insurance Agency
Employment Type ST-State
Job Title Provider Relations Manager
Topics Dismissed; Termination
Primary Issues Whether Respondent proved by a preponderance of the evidence it was justified in dismissing Grievant for her continued unsatisfactory work performance.
Outcome Denied
Statutes W. Va. Code St. R. § 156-1-3 (2018)
Related Cases Leichliter v. Dep't of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993), aff’d, Pleasants Cnty. Cir. Ct. Civil Action No. 93-APC-1 (Dec. 2, 1994); 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); Sloan v. Dep't of Health & Human Res., 215 W. Va. 657, 600 S.E.2d 554 (2004) (per curiam). See also W. Va. Code St. R. § 143-1-12.2.a. (2016); Aglinsky v. Bd. of Trustees, Docket No. 97-BOT-256 (Oct. 27, 1997); Jones v. W. Va. Dep’t of Health & Human Res., Docket No. 96-HHR-371 (Oct. 30, 1996); State ex rel. Eads v. Duncil, 196 W. Va. 604, 474 S.E.2d 534 (1996); Arlington Hosp. v. Schweiker, 547 F. Supp. 670 (E.D. Va. 1982); Bedford County Memorial Hosp. v. Health and Human Serv., 769 F.2d 1017 (4th Cir. 1985); Yokum v. W. Va. Schools for the Deaf and the Blind, Docket No. 96-DOE-081 (Oct. 16, 1996); Trimboli v. Dep’t of Health and Human Res., Docket No. 93-HHR-322 (June 27, 1997), aff’d Mercer Cnty. Cir. Ct. Docket No. 97-CV-374-K (Oct. 16, 1998); Martin v. W. Va. Fire Comm'n, Docket No. 89-SFC-145 (Aug. 8, 1989).” Conner v. Barbour County Bd. of Educ., Docket No. 94-01-394 (Jan. 31, 1995), aff’d, Kanawha Cnty. Cir. Ct. Docket No 95-AA-66 (May 1, 1996); Phillips v. Summers County Bd. of Educ., Docket No. 93-45-105 (Mar. 31, 1994); Cooper v. Raleigh County Bd. of Educ., Docket No. 2014-0028-RalED (Apr. 30, 2014), aff’d, Kanawha Cnty. Cir. Ct. Docket No. 14-AA-54 (Jan. 16, 2015)
Keywords Termination; Unsatisfactory Work Performance; Arbitrary and Capricious; Mitigation
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant was employed by Respondent as the PEIA Provider Relations Manager. Respondent dismissed Grievant from employment for unsatisfactory work performance and argues that the dismissal was proper and justified as Grievant’s unsatisfactory performance had been addressed multiple times, and such had not improved. Grievant denies Respondent’s claims and argues that she should not have been dismissed and that the training she received was inadequate. Respondent proved its claims of unsatisfactory work performance by a preponderance of the evidence, and that Grievant’s dismissal was justified. Grievant failed to prove that mitigation of her dismissal was warranted. Therefore, the grievance is DENIED.

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