Database Search Result Details
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First Name
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Jace
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Last Name
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Collins
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Decision Date
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10/3/2024
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Docket Number
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2024-0688-DOT
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ALJ
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LKB
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Respondent
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Department of Transportation/Division of Highways
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Employment Type
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STATE
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Job Title
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Transportation Office Coordinator
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Topics
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Disciplinary
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Primary Issues
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Whether Respondent was justified in terminating Grievant when he engaged in gross misconduct by falsifying his time and payroll records.
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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)
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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); Crites v. Dep’t of Health & Human Res., Docket No. 2011-0890-DHHR (Jan. 24, 2012); Evans v. Tax & Revenue/Ins. Comm’n, Docket No. 02-INS-108 (Sep. 13, 2002); Graley v. Parkways Econ. Dev. & Tourism Auth., Docket No. 91-PEDTA-225 (Dec. 23, 1991) (citing Buskirk v. Civil Serv. Comm’n, 175 W. Va. 279, 332 S.E.2d 579 (1985) and Blake v. Civil Serv. Comm’n, 172 W. Va. 711, 310 S.E.2d 472 (1983))
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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 employed by Respondent as a Transportation Office Coordinator. Grievant was terminated for gross misconduct in falsifying his time and payroll records. Grievant asserted that he had been discriminated against as a Hispanic person and that he had been wrongfully terminated. Because the Grievance Board does not have jurisdiction to hear claims based upon membership in a protected class, it heard only Grievant’s claim of wrongful termination. At the Level Three hearing, Respondent met its burden of proof by a preponderance of the evidence that Grievant engaged in gross misconduct by falsifying his time and payroll records. Accordingly, the grievance is DENIED.
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