Database Search Result Details
|
First Name
|
Dora
|
|
Last Name
|
Adkins
|
|
Decision Date
|
7/23/2021
|
|
Docket Number
|
2021-2039-CONS
|
|
ALJ
|
WBM
|
|
Respondent
|
Department of Health and Human Resources/Mildred Mitchell-Bateman Hospital
|
|
Employment Type
|
STATE
|
|
Job Title
|
HSW
|
|
Topics
|
Suspension; Termination
|
|
Primary Issues
|
Whether Respondent proved it had good cause to terminate Grievant’s employment for verbal abuse of a patient.
|
|
Outcome
|
Denied
|
|
Statutes
|
W. Va. Code St. R. § 64-59-3.17 (1995); W. Va. Code St. R. § 64-59-20.2.9
|
|
Related Cases
|
Jones v. W. Va. Dep't of Health & Human Res., Docket No. 96-HHR-371 (Oct. 30, 1996); Yerrid v. Div. of Highways, Docket No. 2009-1692-DOT (Mar. 26, 2010); Bradley v. Cabell County Bd. of Educ., Docket No. 99-06-150 (Sept. 9, 1999); Dadisman v. W. Va. Div. of Rehabilitation Serv., Docket Nos. 98-RS-023/040 (Mar. 25, 1999); Parker v. Defense Logistics Agency, 1 M.S.P.B. 489 (1980)
|
|
Keywords
|
Suspension; Termination; Investigation; Inappropriate Tone of Voice; Verbal Abuse
|
|
Intermediate Court of Appeals
|
|
|
Circuit Court
|
|
|
Supreme Court
|
|
|
Synopsis
|
Grievant was dismissed from employment after an investigation was conducted regarding her interaction with a patient. The investigation concluded that Grievant had committed verbal abuse of a patient by making loud statements using “an inappropriate tone of voice” . . . “in a manner interpretated as threatening/abusive toward the patient.” Grievant argues that she always speaks loudly, and the patients do not seem to mind. She also claims she was not threatening the patient and the witnesses misunderstood what she was saying. Respondent proved the allegations by a preponderance of the evidence. Further, Grievant had been previously disciplined for similar issues. Accordingly, the grievance is denied.
|
Back to Results
Search Again