Database Search Result Details
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First Name
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Linda
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Last Name
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Jenkins
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Decision Date
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7/20/2022
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Docket Number
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2020-0896-CONS
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ALJ
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BTC
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Respondent
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Department of Health and Human Resources/Mildred Mitchell-Bateman Hospital
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Employment Type
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STATE
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Job Title
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Social Worker III
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Topics
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Dismissal; Termination
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Primary Issues
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Whether Respondent was justified in terminating Grievant’s
employment for her inappropriate relationship with a former
patient and for breaching patient confidentiality and privacy.
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Outcome
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Granted/Denied
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Statutes
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W.Va. Code St. R. § 143-1-3.82; W.Va. Code St. R. § 143-1-
12.3.b; W. Va. Code § 6C-2-2(d)
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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); Olson v. Bd. of Trustees/Marshall
Univ., Docket No. 99-BOT-513 (Apr. 5, 2000); Skaff v.
Pridemore, 200 W. Va. 700, 490 S.E.2d 787 (1997); Day v.
Morgan Co. Health Dep’t, Docket No. 07-CHD-121 (Dec. 14,
2007); Gary and Gillespie v. Dep't of Health and Human
Resources, Docket No. 97-HHR-461 (June 9, 1999); Frame v.
Dep't of Health and Human Res., Docket No. 00-HHR-240/330
(April 20, 2001); United States v. Elliott, 676 F. Supp. 2d 431,
436-37 (D. Md. 2009); Sellers v. Wetzel County Bd. of Educ.,
Docket No. 97-52-183 (Sept. 30, 1997); Freeman v. Fayette Cty.
Bd. of Educ., 215 W. Va. 272, 277, 599 S.E.2d 695, 700 (2004)
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Keywords
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Termination; Suspension; Annual Leave; Inappropriate
Relationship With Former Patient; Misconduct; Policy;
Harassment; Retaliation
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Intermediate Court of Appeals
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Grievant appealed to Intermediate Court of Appeals; No. 22-ICA-70; Affirmed on 4/10/23
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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 at Mildred Mitchell-
Bateman Hospital as a Social Worker III. Grievant’s employment
was terminated for violation of Respondent’s policies regarding
relationships with patients and patient confidentiality and privacy.
Respondent proved Grievant’s relationship with her former
patient violated Respondent’s policy. Respondent proved
Grievant violated its policy regarding patient confidentiality and
privacy. Grievant failed to prove the termination of her
employment was discriminatory or retaliatory. Grievant proved
she was entitled to back pay for the period of time between the
initial suspension for an unsubstantiated allegation and the
second suspension for the allegation for which she was
eventually discharged. Accordingly, the grievance is granted, in
part, and denied, in part.
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