Database Search Result Details
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First Name
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Kendall
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Last Name
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Gooden
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Decision Date
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3/28/2023
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Docket Number
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2023-0365-DHS
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ALJ
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RLR
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Respondent
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Department of Homeland Security/Huttonsville Correctional Center and Jail
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Employment Type
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STATE
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Job Title
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Correctional Office III
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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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Denied
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Statutes
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W. Va. CODE § 6C-2-2(d)
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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)
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Keywords
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Dismissed; Terminated; Misconduct; Code of Conduct; Driving Under the Influence; DUI; Discrimination; Incarceration
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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 as a Correctional Officer III at the Huttonsville Correctional Center. Grievant was arrested for driving under the influence of alcohol.in May 2021 and May 2022. Grievant’s employment was terminated after his second arrest and conviction for driving under the influence. Respondent established by a preponderance of the evidence that Grievant’s conduct was in violation of established policy, and that his employment was terminated for good cause.
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