Database Search Result Details
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First Name
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Raymond
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Last Name
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Shortridge
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Decision Date
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4/18/2022
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Docket Number
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2021-2316-DHHR
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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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Housekeeper
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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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Granted/Denied
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Statutes
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Related Cases
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House v. Civil Serv. Comm'n, 181 W. Va. 49, 51, 380 S.E.2d 216, 218 (1989); Buskirk v. Civil Service Comm'n, 175 W. Va. 279, 332 S.E.2d 579 (1985); Oakes v. W. Va. Dept. of Finance & Admin., 164 W. Va. 384, 264 S.E.2d 151 (1980); Graley v. W. Va. Parkways Economic Dev. & Tourism Auth., Docket No. 91 PEDTA 225 (Dec. 23, 1991); Martin v. W. Va. State Fire Comm'n, Docket No. 89-SFC-145 (Aug. 8, 1989)
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Keywords
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Termination; Suspension; Abnormal Drug Screening Test; Mitigation; Employee Conduct; Gross Misconduct
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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 housekeeper at the William R. Sharpe, Jr. Hospital. Grievant was dismissed from employment due to an abnormal drug screening test result and for gross misconduct. Respondent did not meet its burden of proof in establishing that Grievant was dismissed for good cause due to an abnormal drug screening test result. Respondent did meet its burden of proof that Grievant engaged in gross misconduct. Grievant was able to demonstrate that the termination of his employment was clearly excessive and reflected an inherent disproportion between the offense and the personnel action. Accordingly, this grievance is granted, in part, and denied, in part.
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