Database Search Result Details

First Name Tristan
Last Name Chester
Decision Date 8/28/2024
Docket Number 2024-0583-DHS
ALJ WHW
Respondent Department of Homeland Security/ Parkersburg Correctional Center and Jail
Employment Type STATE
Job Title Proabationary Correctional Officer 1
Topics Non-Disciplinary Employment Actions
Primary Issues Whether Respondent acted reasonably when it terminated Grievant during his one-year probationary period for excessive abuse of the leave policy instead of following its progressive discipline policy.
Outcome Denied
Statutes
Related Cases Cosner v. Dep’t of Health and Human Resources/William R. Sharpe, Jr. Hospital, Docket No. 08-HHR-008 (Dec. 30, 2008); Livingston v. Dep’t of Health and Human Res., Docket No. 2008-0770-DHHR (Mar. 21, 2008). See also W. VA. CODE ST. R. § 156-1-3 (2018). See also Lott v. Div. of Juvenile Serv., Docket No. 99-DJS-278 (Dec. 16, 1999); . Bonnell v. W. Va. Dep't of Corrections, Docket No. 89-CORR-163 (Mar. 8, 1990); Roberts v. Dep’t of Health and Human Res., Docket No. 2008-0958-DHHR (Mar. 13, 2009); Bush v. Dep’t of Transp., Docket No. 2008-1489-DOT (Nov. 12, 2008); Leichliter v. W. Va. Dep't of Health and Human Res., Docket No. 92-HHR-486 (May 17, 1993); Livingston v. Dep’t of Health and Human Res., Docket No. 2008-0770-DHHR (Mar. 21, 2008) (citing Johnson v. Dep't of Transp./Div. of Highways, Docket No. 04-DOH-215 (Oct. 29, 2004)); Hammond v. Div. of Veteran’s Affairs, Docket No. 2009-0161-MAPS (Jan. 7, 2009) (citing Hackman v. W. Va. Dep’t of Transp., Docket No. 01-DMV-582 (Feb. 20, 2002)); Lott v. W. Va. Div. of Juvenile Serv., Docket No. 99-DJS-278 (Dec. 16, 1999); State ex rel. Eads v. Duncil, 196 W. Va. 604, 474 S.E.2d 534 (1996) (citing Arlington Hosp. v. Schweiker, 547 F. Supp. 670 (E.D. Va. 1982)); Trimboli v. Dep’t of Health and Human Res., Docket No. 93-HHR-322 (June 27, 1997), aff’d Mercer Cnty. Cir. Ct. Docket No. 97-CV-374-K (Oct. 16, 1998); Syl. Pt. 1, Adkins v. W. Va. Dep't of Educ., 210 W. Va. 105, 556 S.E.2d 72 (2001) (per curiam); Blake v. Kanawha County Bd. of Educ., Docket No. 01-20-470 (Oct. 29, 2001), aff’d Kanawha Cnty. Cir. Ct. Docket No. 01-AA-161 (July 2, 2002), appeal refused, W.Va. Sup. Ct. App. Docket No. 022387 (Apr. 10, 2003)
Keywords probationary; termination
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant was employed by Respondent as a CO1 under a one-year probationary period. Grievant grieves his termination claiming Respondent failed to follow its progressive discipline policy by not first offering a verbal warning for excessive abuse of leave prior to his dismissal. Respondent met its burden to demonstrate it acted reasonably when it terminated Grievant during his one-year probationary period for excessive abuse of the leave policy. Respondent placed Grievant on a written leave restriction that prohibited Grievant from taking any unsupported leave for six months with the goal of lowering his absentee percentage rate from 23% to 5%. Respondent did not arbitrarily or capriciously terminate Grievant when Grievant failed to adhere to the leave restriction requirements by continuing to take unsupported leave and only lowering his absentee percentage to 16.7%. Accordingly, the grievance must be dismissed.

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