Database Search Result Details
|
First Name
|
Jamie
|
|
Last Name
|
Workman
|
|
Decision Date
|
1/4/2022
|
|
Docket Number
|
2020-0891-CONS
|
|
ALJ
|
JSF
|
|
Respondent
|
Department of Health and Human Resources/William R. Sharpe, Jr. Hospital
|
|
Employment Type
|
STATE
|
|
Job Title
|
Health Service Assistant
|
|
Topics
|
Whether Respondent had good cause to terminate Grievant’s employment.
|
|
Primary Issues
|
Whether Respondent had good cause to terminate Grievant’s employment.
|
|
Outcome
|
Granted
|
|
Statutes
|
W. Va. Code § 6C-2-2(d)
|
|
Related Cases
|
Oakes v. W. Va. Dep't of Finance and Admin., 164 W. Va. 384, 264 S.E.2d 151 (1980); Guine v. Civil Serv. Comm'n, 149 W. Va. 461, 141 S.E.2d 364 (1965); Butts v. Higher Educ. Interim Governing Bd./Shepherd Coll., 212 W. Va. 209, 212, 569 S.E.2d 456, 459 (2002); Gunnells v. Logan County Bd. of Educ., Docket No. 97-23-055 (Dec. 9, 1997); Frymier v. Higher Education Policy Comm’n, 655 S.E.2d 52, 221 W. Va. 306 (2007); Harris v. Dep’t of Transp., Docket No. 2008-1594-DOT (Dec. 15, 2008)
|
|
Keywords
|
Termination; Insubordination; Patient Neglect; Physical Abuse; Verbal Abuse; Hearsay; Discrimination
|
|
Intermediate Court of Appeals
|
|
|
Circuit Court
|
|
|
Supreme Court
|
|
|
Synopsis
|
Grievant was employed at Sharpe Hospital when dismissed for insubordination, patient neglect, physical abuse, and verbal abuse. Sharpe alleges that Grievant defied orders to bring Unit G1 patients to the Christmas tree lighting ceremony, disregarded her duty to read email about the ceremony, ignored patients who told her the tree lighting portion was in the lobby rather than the gymnasium, mouthed “bitch” in the direction of RN Snead, and questioned patients as to who reported her. Grievant denies these allegations. Due to a late dinner, Unit G1 patients made it to the gymnasium with only minutes remaining in the tree lighting portion of the ceremony, so chose not to go, but still attended the second portion of the ceremony. Regardless, Grievant was never directed to bring patients to the ceremony but volunteered at the last minute to accompany coworkers. Yet Grievant was the only employee disciplined or even questioned. Some employees even allowed patients to stay in their unit during the ceremony without being questioned. RN Snead conducted an initial investigation of the failure to bring patients to the tree lighting. RN Snead interviewed Grievant but not her coworkers. Grievant proved discrimination. Respondent was unable to overcome a hearsay and credibility analysis and failed to prove that dismissal was justified. Accordingly, the grievance is GRANTED.
|
Back to Results
Search Again