Database Search Result Details
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First Name
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David
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Last Name
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Bosserman
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Decision Date
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4/27/2022
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Docket Number
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2021-2237-DOT
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ALJ
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JSF
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Respondent
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Division of Highways
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Employment Type
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STATE
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Job Title
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HTRETCN
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Topics
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Dismissal; Termination
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Primary Issues
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Whether Respondent had good cause to terminate 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 St. R. § 156-1-3 (2018)
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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); Sloan v. Dep't of Health & Human Res., 215 W. Va. 657, 600 S.E.2d 554 (2004); Drown v. W. Va. Civil Serv. Comm'n, 180 W. Va. 143, 145, 375 S.E.2d 775, 777 (1988); Sinsel v. Harrison County Bd. of Educ., Docket No. 96-17-219 (Dec. 31, 1996); Seddon v. W. Va. Dep't of Health/Kanawha-Charleston Health Dep't, Docket No. 90-H-115 (June 8, 1990)
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Keywords
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Termination; Fraudulent Timekeeping; Work Conduct Violations; Misconduct; Policy
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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 dismissed for timekeeping and work conduct violations. Respondent proved that Grievant regularly spent worktime at a shoe store, once went hunting with a coworker during work, processed the timesheets for that occasion as an eight-hour workday, and took a firearm to work even after being reprimanded against it. This constitutes misconduct and good cause for dismissal. Accordingly, this grievance is DENIED.
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