Database Search Result Details
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First Name
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Robin
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Last Name
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Weekley
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Decision Date
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12/2/2022
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Docket Number
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2021-1858-CONS
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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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Lead Housekeeper
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Topics
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Dismissal; Termination
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Primary Issues
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Whether Respondent proved by a preponderance of the evidence that Grievant engaged in any misconduct.
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Outcome
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Granted
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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); Graley v. W. Va. Parkways Economic Dev. & Tourism Auth., Docket No. 91 PEDTA 225 (Dec. 23, 1991); Gaines v. Dep’t of Health and Human Res., Docket No. 2016-1525-CONS (Sept. 13, 2016)
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Keywords
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Termination; Family Medical Leave Act; Credibility; Falsified Paperwork; 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 by Sharpe Hospital as a lead housekeeper. Grievant was away from work on Family Medical Leave Act leave that was exhausted on September 1, 2020. Subsequently, two forms for a Medical Leave of Absence were submitted to Respondent that appear to be completed by a representative of Lively Family Health clinic. One was submitted to Respondent by Grievant and one form was submitted from Lively Family Health clinic. Two inconsistencies were noted on the form by Respondent. Grievant was discharged from employment after Respondent came to the conclusion that Grievant had altered or falsified the form received from her. Respondent was unable to prove this charge by a preponderance of the evidence. This grievance is granted.
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