Database Search Result Details
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First Name
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Pearl
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Last Name
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Boggess
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Decision Date
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6/15/2022
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Docket Number
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2022-0464-DOT
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ALJ
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CHL
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Respondent
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Parkways Authority
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Employment Type
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STATE
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Job Title
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Toll Collector
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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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Logan v. Reg’l Jail & Corr. Auth., Docket No. 94-RJA-225 (Nov. 29, 1994) aff’d, Berkeley Cnty. Cir. Ct., Civil Action No. 94-C-691 (Sept. 11, 1996); Roach v. Reg’l Jail Auth., 198 W. Va. 694, 699, 482 S.E.2d 679, 684 (1996); Williams v. Precision Coil, Inc., 194 W. Va. 52, 63, 459 S.E.2d 329, 340 (1995); Wounaris v. W. Va. State Coll., 214 W. Va. 241, 588 S.E.2d 406 (2003); Birthisel v. Tri-Cities Health Services Corp., 188 W. Va. 371, 424 S.E.2d 606 (1992); Leichliter v. W. Va. Dep't of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993)
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Keywords
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Termination; Job Duties; Requirements; Job Description
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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 permanent, part-time toll collector. Grievant was an at will employee. Respondent terminated Grievant’s employment asserting that Grievant could not meet the essential functions of her position. Grievant challenged her dismissal, arguing that Respondent “waived the right to require [her] to comply with the job description requirements.” Grievant did not assert that Respondent’s motivation in discharging her contravened any substantial public policy. Therefore, this grievance is DENIED.
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