Database Search Result Details

First Name Brian
Last Name Myers
Decision Date 4/11/2022
Docket Number 2022-0068-DOT
ALJ CHL
Respondent Division of Highways
Employment Type STATE
Job Title TWIII Crew Chief
Topics Dismissal; Termination
Primary Issues Whether Grievant’s dismissal from employment was disproportionate to his offenses, clearly excessive, or arbitrary and capricious.
Outcome Denied
Statutes W.Va. Code St. R. § 156-1-3 (2008); W. Va. Code St. R. § 143-1-12.02 (2016)
Related Cases 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); 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); Sloan v. Dep't of Health & Human Res., 215 W. Va. 657, 600 S.E.2d 554 (2004); W. Va. Dep't of Corr. v. Lemasters, 173 W. Va. 159, 162, 313 S.E.2d 436, 439 (1984); Drown v. W. Va. Civil Serv. Comm'n, 180 W. Va. 143, 145, 375 S.E.2d 775, 777 (1988); Buskirk v. Civil Serv. Comm'n, 175 W. Va. 279, 285, 332 S.E.2d 579, 585 (1985); Blake v. Civil Serv. Comm'n, 172 W. Va. 711, 310 S.E.2d 472 (1983); Serreno v. W. Va. Civil Serv. Comm'n, 169 W. Va. 111, 285 S.E.2d 899 (1982); Wiley v. Div. of Natural Res., Docket No. 96-DNR-515 (Mar. 26, 1988); Linger v. Dep’t of Health & Human Res., Docket No. 2010-1490-CONS (Dec. 5. 2012); 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); Overbee v. Dep't of Health and Human Resources/Welch Emergency Hosp., Docket No. 96-HHR-183 (Oct. 3, 1996); Olsen v. Kanawha County Bd. of Educ., Docket No. 02-20-380 (May 30, 2003), aff’d, Kanawha Cnty. Cir. Ct. Docket No. 03-AA-94 (Jan. 30, 2004), appeal refused, W.Va. Sup. Ct. App. Docket No. 041105 (Sept. 30, 2004)
Keywords Termination; Misconduct; State Vehicle; Standards of Work Performance and Conduct; Arbitrary and Capricious; Mitigation
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant was employed by Respondent as a Transportation Worker 3 Crew Chief. Grievant was dismissed from employment after a GPS tracking device placed on his state vehicle revealed that he was using his state vehicle for personal use and leaving work for lengthy stretches of time without taking leave or receiving permission. Respondent asserts that its decision to dismiss Grievant was proper given the level of misconduct. Grievant admits his misconduct and does not dispute that discipline was justified. Grievant only asserts that dismissal was excessive for his offenses based upon his tenure and the agency’s past practices. Respondent proved its case by a preponderance of the evidence. Grievant failed to prove that mitigation was warranted. Accordingly, this grievance is DENIED.

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