| First Name | Kendall |
| Last Name | Gooden |
| Decision Date | 3/28/2023 |
| Docket Number | 2023-0365-DHS |
| ALJ | RLR |
| Respondent | Department of Homeland Security/Huttonsville Correctional Center and Jail |
| Employment Type | STATE |
| Job Title | Correctional Officer II |
| Topics | Disciplinary |
| Primary Issues | Whether Respondent had good cause to terminate Grievant's employment because his arrest and conviction for driving under the influence of alcohol violated established policy. |
| Outcome | Denied |
| Statutes | 156 C.S.R. 1 § 3 (2018) |
| Related Cases | Ramey v. W. Va. Dep't of Health, Docket No. H-88-005 (Dec. 6, 1988); Riggs v. Dep’t of Transp., Docket No. 2009-0005-DOT (Aug. 4, 2009) citing Jackson v. State Farm Mut. Ins. Co., 215 W. Va. 634, 640, 600 S.E.2d 346, 352 (2004); Leichliter v. W. Va. Dep’t of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993); House v. Civil Serv. Comm'n, 181 W. Va. 49, 51, 380 S.E.2d 216, 218 (1989); Syl. Pt. 2, Buskirk v. Civil Service Comm'n, 175 W. Va. 279, 332 S.E.2d 579 (1985); Syl. Pt. 1, Oakes v. W. Va. Dept. of Finance & Admin., 164 W. Va. 384, 264 S.E.2d 151 (1980); Guine v. Civil Service Comm'n, 149 W. Va. 461, 468, 141 S.E.2d 364, 368-69 (1965); Smith v. Clay County Health Dep’t, Docket No. 2012-0451-ClaCH (Apr. 17, 2012); Frymier v. Higher Education Policy Comm’n, 655 S.E.2d 52, 221 W. Va. 306 (2007); Harris v. Dep’t of Transp., Docket No. 2008-1594-DOT (Dec. 15, 2008) |
| Keywords | Termination |
| Intermediate Court of Appeals | |
| Circuit Court | |
| Supreme Court | |
| Synopsis | 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. |