Database Search Result Details
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First Name
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Mark
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Last Name
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Pauley
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Decision Date
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8/6/2021
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Docket Number
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2021-2285-DOT
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ALJ
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LRB
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Respondent
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Division of Highways
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Employment Type
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ST-State
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Job Title
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TW2
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Topics
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Dismissal; Termination
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Primary Issues
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Whether Respondent had good cause to terminate Grievant’s employment.
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Outcome
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Denied
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Statutes
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143 CSR 1, § 12.2.c
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Related Cases
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Wolfe v. Dep’t of Health & Human Resources, Docket No. 2008-1863-CONS (Mar. 4, 2010); Bachman v. Potomac State Coll. of W. Va. Univ., Docket No. 07-HE-198 (Jan. 17, 2008); Chapman v. Dep’t of Health and Human Res., Docket No. 06-HHR-277(Oct. 31, 2006); Tickett v. Cabell County Bd. of Educ., Docket No. 97-06-233 (Mar. 12, 1998)
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Keywords
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Termination; Attendance; Absences; Return to Work; Arbitrary and Capricious; Mitigation
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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 challenges his dismissal. Grievant is aware there are rules and regulations governing attendance and absences from the workplace. Unauthorized leave from the workplace is sanctionable conduct. The employing state agency, Respondent, had discretion within the contexts of this grievance. Nevertheless, applicable policies permit the actions exercised by Respondent. The undersigned does not conclude, in the circumstances of this matter, that Respondent’s actions were unlawful. Respondent established that Grievant failed to maintain reasonable communication with his employer, that Grievant failed to timely update information pertaining to his absence and failed to report to work at the expiration of recognized leave. Grievant’s failed to report to work as required by established and applicable policy. Respondent established good cause for terminating Grievant’s employment. This grievance is DENIED.
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