Database Search Result Details
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First Name
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Robert
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Last Name
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Stollings
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Decision Date
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11/30/2021
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Docket Number
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2021-1076-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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STATE
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Job Title
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Highway Systems Analyst Senior
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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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143-1-6.4.a.4
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Related Cases
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Keywords
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Termination; Falsifying Information; Application; Standards of Work Performance and Conduct; Mitigation; Arbitrary and Capricious
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Intermediate Court of Appeals
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Circuit Court
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Grievant appealed to Kanawha County on 12/29/2021, Civil Action # 21-AA-81 (Tabit); Affirmed 5/5/2022
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Supreme Court
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Synopsis
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Grievant was employed as a Highway Systems Analyst Senior with the West Virginia Division of Highways, Respondent, at the time of his termination. Grievant was terminated on or about October 26, 2020, for falsifying information on his application for employment, and alleged failure to meet DOH’s standards of workplace conduct. Not all of Respondent’s conclusions regarding Grievant’s actions are found to be feasible, however Respondent has established by a preponderance of the evidence sufficient credible facts to demonstrate Grievant was aware of his representations, statements, and intended to mislead a prospective employer. Respondent met its burden of proof justifying disciplinary action. Sufficient mitigating factors are not found present in the instant matter to mandate overriding the disciplinary actions of Respondent. Accordingly, this Grievance is denied.
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