Database Search Result Details
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First Name
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Derek
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Last Name
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Snyder
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Decision Date
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11/3/2021
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Docket Number
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2021-2406-DOT
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ALJ
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JSF
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Respondent
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Division of Highways
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Employment Type
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STATE
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Job Title
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Storekeeper 2
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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 his services were satisfactory or that his dismissal was arbitrary and capricious.
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Outcome
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Denied
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Statutes
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W. Va. Code St. R. § 143-1-10.1.a. (2016)
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Related Cases
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Bonnell v. Dep't of Corr., Docket No. 89-CORR-163 (Mar. 8, 1990); Roberts v. Dep’t of Health and Human Res., Docket No. 2008-0958-DHHR (Mar. 13, 2009); 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); Phillips v. Summers County Bd. of Educ., Docket No. 93-45-105 (Mar. 31, 1994)
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Keywords
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Termination; Probationary Employee; Unsatisfactory Performance; 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 was employed on a probationary basis as a Supply Specialist by Respondent, Division of Highways. Grievant’s duties included maintaining inventory and invoices. Respondent dismissed Grievant for unsatisfactory performance in failing to properly perform these duties despite repeated direction. Grievant contends he was not properly trained or given a necessary computer and was absent for a period due to illness. Grievant failed to prove by a preponderance of the evidence that his performance was satisfactory or that mitigation appropriate. Accordingly, this grievance is DENIED.
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