Database Search Result Details
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First Name
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James
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Last Name
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Tomblin
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Decision Date
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8/29/2024
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Docket Number
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2024-0500-DOT
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ALJ
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LKB
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Respondent
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Department of Transportation
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Employment Type
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STATE
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Job Title
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Transportation Worker 1
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Topics
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Disciplinary
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Primary Issues
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Whether Respondent properly terminated Grievant for job abandonment after he missed more than three days of work without reporting his absence, seeking approval for his absence, or providing medical documentation for it.
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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); W. VA. CODE ST. R. § 217-1-11.2.3 (2022); W. VA. CODE ST. R. § 217-1-12.4.7.b (2022); W. VA. CODE ST. R. § 217-1-12.4.7.e (2022); W. Va. Code St. R. § 217-1-12.4.8.3.a (2022)
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Related Cases
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Leichliter v. Dep't of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993), aff’d, Pleasants Cnty. Cir. Ct. Civil Action No. 93-APC-1 (Dec. 2, 1994); Sloan v. Dep't of Health & Human Res., 215 W. Va. 657, 600 S.E.2d 554 (2004) (per curiam); Syl. Pt. 1, 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); Drown v. W. Va. Civil Serv. Comm'n, 180 W. Va. 143, 145, 375 S.E.2d 775, 777 (1988) (per curiam); Young v. Div. of Natural Res., Docket No. 2009-0540-DOC (Nov. 13, 2009); Jones v. W. Va. Dep’t of Health & Human Res., Docket No. 96-HHR-371 (Oct. 30, 1996); see also Clarke v. W. Va. Bd. of Regents, 166 W. Va. 702, 279 S.E.2d 169 (1981); Burchell v. Bd. of Trustees, Marshall Univ., Docket No. 97-BOT-011 (Aug. 29, 1997)
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Keywords
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Termination
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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 initially employed by Respondent as a Transportation Worker 1 Laborer. After Grievant filed a “Request for Reasonable Accommodation” of physical limitations that prevented him from performing his duties in that position, Respondent offered Grievant a six-month trial accommodation as a Transportation Division Supply Specialist. Soon thereafter, however, Grievant began missing work without documentation and was eventually terminated for job abandonment. At the Level Three hearing, Respondent met its burden of proof by a preponderance of the evidence that Grievant was absent from work for more than three consecutive workdays without notice or approval, thus abandoning his job. Respondent’s actions in terminating Grievant were in keeping with agency policy. Accordingly, the grievance is DENIED.
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