Database Search Result Details
|
First Name
|
Voss
|
|
Last Name
|
Lee
|
|
Decision Date
|
9/9/2021
|
|
Docket Number
|
2020-0765-DHHR
|
|
ALJ
|
WBM
|
|
Respondent
|
Department of Health and Human Resources/Mildred Mitchell-Bateman Hospital
|
|
Employment Type
|
STATE
|
|
Job Title
|
Cook
|
|
Topics
|
Dismissal; Termination
|
|
Primary Issues
|
Whether Respondent had good cause to terminate Grievant’s probationary employment.
|
|
Outcome
|
Denied
|
|
Statutes
|
W. Va. Code St. R. § 143-1-10.1(a) (2016); W. Va. Code § 6C 2 2 (d)
|
|
Related Cases
|
Cosner v. Dep’t of Health and Human Resources/William R. Sharpe, Jr. Hospital, Docket No. 08-HHR-008 (Dec. 30, 2008); 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); Hammond v. Div. of Veteran’s Affairs, Docket No. 2009-0161-MAPS (Jan. 7, 2009)
|
|
Keywords
|
Termination; Probationary Employee; Misconduct; Discrimination
|
|
Intermediate Court of Appeals
|
|
|
Circuit Court
|
|
|
Supreme Court
|
|
|
Synopsis
|
Grievant, a probationary employee, was dismissed from his cook position for allegedly threatening to leave a female coworker dead on the floor. Grievant does not deny making the statement but argues that it is just a common expression and was not intended as a threat. He notes that the other cooks did not treat him as a colleague and constantly caused problems for him. Finally, he avers that he and the coworker were in a heated argument, and she was yelling at him as well. Yet the coworker did not receive any discipline which he believes is unfair. Respondent proved the charges against Grievant and the grievance is DENIED.
|
Back to Results
Search Again