Database Search Result Details
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First Name
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Tracy
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Last Name
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Burger
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Decision Date
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1/3/2022
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Docket Number
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2019-0713-CONS
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ALJ
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RLR
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Respondent
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Department of Health and Human Resources/William R. Sharpe, Jr. Hospital
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Employment Type
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STATE
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Job Title
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Health Service Worker
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Topics
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Dismissed; Termination
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Primary Issues
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Whether Respondent proved by a preponderance of the evidence that good cause existed for the termination of Grievant’s employment.
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Outcome
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Denied
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Statutes
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W. Va. Code § 6C-2-2(d)
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Related Cases
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Adkins v Division of Labor, Docket No. 04-DOL-071 (Jan. 25, 2005); Vest v. Board of Education of County of Nicholas, 193 W. Va. 222, 455 S.E.2d 781 (1995); Ruckle v. Dep’t of Health and Human Res., Docket No. 04-HHR-367 (Dec. 22, 2005); Smith v. W. Va. Bureau of Employment Programs, Docket No. 04-BEP-099 (Dec. 18, 1996)
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Keywords
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Termination; Federal Family and Medical Leave; Job Duties; Mandatory Overtime
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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 as a Health Service Worker with the Department of Health and Human Resources at Sharpe Hospital. Grievant was dismissed from her employment because she could not perform an essential function of the job. The record supported a finding that Respondent attempted to make reasonable accommodations; however, no positions were available that could be performed by Grievant. Respondent established by a preponderance of the evidence that Grievant was dismissed from employment for good cause. This grievance is denied.
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