Database Search Result Details
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First Name
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Chad
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Last Name
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Arthur
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Decision Date
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2/16/2022
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Docket Number
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2021-2120-DHHR
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ALJ
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BTC
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Respondent
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Department of Health and Human Resources/Mildred Mitchell-Bateman Hospital
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Employment Type
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STATE
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Job Title
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Health Service Trainee
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Topics
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Dismissal; Termination
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Primary Issues
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Whether Respondent proved it had good cause to terminate Grievant’s employment for striking a patient in violation of the state administrative rule.
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Outcome
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Denied
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Statutes
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W. Va. Code St. R. § 143-1-12.02 and 12.03 (2012); W. Va. Code St. R. § 64-59-18.2; W. Va. Code St. R. § 64-59-3.13
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Related Cases
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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)
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Keywords
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Termination; Patient Abuse; Administrative Rule
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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 by Respondent as a Health Service Worker at Mildred Mitchell Bateman Hospital. Grievant was terminated from his employment for patient abuse after Grievant struck a patient while Grievant was being attacked. Respondent proved it had good cause to terminate Grievant’s employment for striking a patient in violation of the above state administrative rule even if Grievant did not have an intent to harm the patient. Accordingly, the grievance is denied.
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