Database Search Result Details

First Name Timothy
Last Name Carter
Decision Date 2/3/2022
Docket Number 2022-0148-DHHR
ALJ CHL
Respondent Department of Health and Human Resources/Bureau for Public Health
Employment Type STATE
Job Title Program Manager 1
Topics Dismissal; Termination
Primary Issues Whether Respondent had good cause to terminate Grievant’s employment.
Outcome Denied
Statutes W. Va. Code ST. R. § 143-1-10.1(a) (2016); W.Va. Code St. R. § 143-1-10.5.a. (2016)
Related Cases Cosner v. Dep’t of Health and Human Res., Docket No. 08-HHR-008 (Dec. 30, 2008); Livingston v. Dep’t of Health and Human Res., Docket No. 2008-0770-DHHR (Mar. 21, 2008); Leichliter v. Dep't of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993), aff’d, Pleasants Cnty. Cir. Ct. Civil Action No. 93-APC-1 (Dec. 2, 1994); Hammond v. Div. of Veterans Affairs, Docket No. 2009-0161-MAPS (Jan. 7, 2009); Hackman v. W. Va. Dep’t of Transp., Docket No. 01-DMV-582 (Feb. 20, 2002); 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); Lott v. W. Va. Div. of Juvenile Serv., Docket No. 99-DJS-278 (Dec. 16, 1999); State ex rel. Eads v. Duncil, 196 W. Va. 604, 474 S.E.2d 534 (1996); Arlington Hosp. v. Schweiker, 547 F. Supp. 670 (E.D. Va. 1982); Bedford County Memorial Hosp. v. Health and Human Serv., 769 F.2d 1017 (4th Cir. 1985); Yokum v. W. Va. Schools for the Deaf and the Blind, Docket No. 96-DOE-081 (Oct. 16, 1996); Trimboli v. Dep’t of Health and Human Res., Docket No. 93-HHR-322 (June 27, 1997), aff’d Mercer Cnty. Cir. Ct. Docket No. 97-CV-374-K (Oct. 16, 1998)
Keywords Termination; Probationary Employee; Misconduct; Felony Conviction; Misleading Information on Employment Application; Arbitrary and Capricious
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant was employed by Respondent as a Program Manager 1 and was a probationary employee. Respondent dismissed Grievant for misconduct alleging that Grievant provided false and misleading information on his employment application and asserting that Grievant was ineligible for employment as a Program Manager 1 because of his criminal background. Grievant denied Respondent’s allegations and argued that he should not have been dismissed from employment because his position was not connected to his past conviction, and it did not violate the terms of his extended release from incarceration. Respondent proved that Grievant provided misleading information on his employment application, that his past conviction was connected to the position he had thereby justifying his dismissal, and that Respondent’s decision to dismiss Grievant from employment was not arbitrary and capricious, or unreasonable. Therefore, the grievance is DENIED.

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