Database Search Result Details

First Name Kristie
Last Name Miller
Decision Date 5/4/2022
Docket Number 2020-1569-CONS
ALJ CHL
Respondent Department of Health and Human Resources/Welch Community Hospital
Employment Type STATE
Job Title Health Service Worker
Topics Dismissed; Termination; Suspension
Primary Issues Whether Respondent proved that Grievant’s absenteeism was excessive and constituted good cause justifying Grievant’s suspension and her dismissal.
Outcome Denied
Statutes W.VA. CODE ST. R. § 143-1-4.5; W.VA. CODE ST. R. § 156-1-3; W. VA. CODE ST. R. § 143-1-12.2.a.
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) (per curiam); Drown v. W. Va. Civil Serv. Comm'n, 180 W. Va. 143, 145, 375 S.E.2d 775, 777 (1988) (per curiam); 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); Adkins v. W. Va. Dep't of Educ., 210 W. Va. 105, 556 S.E.2d 72 (2001) (per curiam); Blake v. Kanawha County Bd. of Educ., Docket No. 01-20-470 (Oct. 29, 2001), aff’d Kanawha Cnty. Cir. Ct. Docket No. 01-AA-161 (July 2, 2002), appeal refused, W.Va. Sup. Ct. App. Docket No. 022387 (Apr. 10, 2003)Waite v. Civil Serv. Comm'n, 161 W. Va. 154, 241 S.E.2d 164 (1977); W. Va. Dep't of Educ. v. McGraw, 239 W. Va. 192, 201, 800 S.E.2d 230, 239 (2017); Cleveland Bd. of Educ. v. Loudermill, 470 U.S. 532, 542 [84 L. Ed. 2d 494, 105 S. Ct. 1487] (1985); Fraley v. Civil Service Commission, 177 W.Va. 729, 356 S.E.2d 483 (1987); Jones v. W. Va. Dept. of Health & Human Resources, Docket No. 96-HHR-371 (Oct. 30, 1996); Stamper v. W. Va. Dept. of Health & Human Resources, Docket No. 95-HHR-144 (Mar. 20, 1996); Womack v. Dept. of Admin., Docket No. 93-ADMN-430 (Mar. 30, 1994); Perdue v. Dept. of Health & Human Resources, Docket No. 93-HHR-050 (Feb. 4, 1994); Aglinsky v. Bd. of Trustees, Docket No. 97-BOT-256 (Oct. 27, 1997), aff’d, Monongalia Cnty. Cir. Ct. Docket No. 97-C-AP-96 (Dec. 7, 1999), appeal refused, W.Va. Sup Ct. App. Docket No. 001096 (July 6, 2000)
Keywords Termination; Suspension; Attendance; Absenteeism; Medical Condition; FMLA; MLOA; Unauthorized Leave; Leave Abuse; Due Process; Arbitrary and Capricious; Improvement Plan; Call-in; Policy Memorandum 2107
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant was employed by Respondent as a Health Service Worker at Welch Community Hospital. Respondent dismissed Grievant for excessive absenteeism and unauthorized leave in September 2021. Grievant had a history of attendance issues and had received two disciplinary suspensions, but only grieved the one issued in May 2020, which is part of this consolidated grievance. Grievant does not deny her history of absenteeism, but asserts that her chronic medical condition caused her attendance issues. Grievant also alleges that Respondent violated her due process. Respondent proved its claims by a preponderance of the evidence and proved that the disciplinary actions taken were justified. Grievant’s due process rights were not violated. Therefore, this grievance is DENIED.

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