Database Search Result Details
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First Name
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Dustin
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Last Name
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Parsons
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Decision Date
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7/19/2021
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Docket Number
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2020-0074-DOT
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ALJ
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BTC
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Respondent
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Parkways Authority
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Employment Type
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STATE
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Job Title
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Radio Operator
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Topics
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Dismissal; Termination
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Primary Issues
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Whether Grievant proved that the termination of his employment was motivated to contravene a substantial public policy.
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Outcome
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Denied
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Statutes
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W. Va. Code St. R. § 156-1-3 (2018); W. Va. Code § 29-6-10
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Related Cases
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Logan v. Reg’l Jail & Corr. Auth., Docket No. 94-RJA-225 (Nov. 29, 1994) aff’d, Berkeley Cnty. Cir. Ct., Civil Action No. 94-C-691 (Sept. 11, 1996); Adkins v. Inco Alloys Int'l, 187 W. Va. 219, 220, 417 S.E.2d 910 (1992); Oakes v. Parkways Economic Dev. & Tourism Auth., Docket No. 00-PEDTA-337 (Sept. 25, 2002); Boyd v. W. Va. Parkways Economic Dev. & Tourism Auth., Docket No. 00-PEDTA-243 (Feb. 28, 2001); Roach v. Regional Jail Auth., 198 W. Va. 694, 482 S.E.2d 679 (1996); Stelling v. W. Va. Parkways, Economic Dev. & Tourism Auth., Docket No. 01-PEDTA-507 (Mar. 21, 2002)
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Keywords
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Termination; At-Will Employee; Rules of Conduct; Unexcused Absences
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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 Respondent as an at-will Radio Operator. Grievant also served as a volunteer firefighter. Grievant’s employment was terminated after he missed five consecutive shifts of work, including failing to call in at all on one day. Grievant failed to prove that the termination of his employment was motivated to contravene a substantial public policy. Accordingly, the grievance is denied.
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