Database Search Result Details
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First Name
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Crystal
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Last Name
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Spurlock
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Decision Date
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9/8/2022
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Docket Number
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2019-1863-CONS
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ALJ
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JSF
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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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Registered Nurse
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Topics
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Dismissed; 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
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Statutes
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W. Va. Code St. R. § 64-59-10.5 (1995)
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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); Gunnells v. Logan County Bd. of Educ., Docket No. 97-23-055 (Dec. 9, 1997); 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; Falsely Charting Patient Behavior; Patient Restraints; Hearsay
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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 from her employment as an RN at Sharpe Hospital by Respondent, the Department of Health and Human Resources. Respondent alleged that Grievant improperly ordered mechanical restraints on a patient, but it failed to have any eyewitness testify. Respondent instead chose to rely on inaudible video evidence and hearsay that garnered little weight. It thus failed to prove that Grievant ordered the restraints. Respondent also claimed that Grievant “falsely charted behaviors [she] had not actually witnessed.” Respondent did not prove that this or Grievant’s failure to initially differentiate hearsay from firsthand information was false charting. Respondent thus failed to prove good cause for dismissal. This grievance is therefore GRANTED.
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