Database Search Result Details

First Name Cheralita
Last Name Griggs
Decision Date 1/29/2025
Docket Number 2024-0675-DOR
ALJ LKB
Respondent DEPARTMENT OF REVENUE/TAX DIVISION
Employment Type STATE
Job Title Probationary Tax Audit Clerk Trainee
Topics Disciplinary
Primary Issues Whether Grievant proved by a preponderance of the evidence that she performed her duties satisfactorily, or, whether Respondent's termination of Grievant within her probationary employment was arbitrary and capricious?
Outcome DENIED
Statutes W. VA. CODE ST. R. § 143-1-10.1.A. ,W. VA. CODE ST. R. § 143-1-10.5(a), W. VA. CODE § 51-11-4(b)(4), W. VA. CODE § 6C-2-5(b), W. VA. CODE § 29A 5 4(b).
Related Cases "Bonnell v. Dep’t of Corr., 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); see also 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), Livingston v. Dep’t of Health and Human Res., Docket No. 2008-0770-DHHR (Mar. 21, 2008). Hammond v. Div. of Veteran’s Affairs, Docket No. 2009-0161-MAPS (Jan. 7, 2009) (citing Hackman v. Dep’t of Transp., Docket No. 01-DMV-582 (Feb. 20, 2002)). McCoy v. W. Va. Dep’t of Transp., Docket No. 98-DOH-399 (June 18, 1999); Nicholson v. W. Va. Dep’t of Health and Human Res., Docket No. 99-HHR-299 (Aug. 31, 1999).” 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)). See Bedford County Memorial Hosp. v. Health and Human Serv., 769 F.2d 1017 (4th Cir. 1985); Yokum v. W. Va. Schools for the Deaf and the Blind, Docket No. 96-DOE-081 (Oct. 16, 1996).” 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). Syllabus Point 3, In re Queen, 196 W. Va. 442, 473 S.E.2d 483 (1996).’” 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 arbitrary and capricious, probationary employment, trainees, Employee Performance Appraisal, dependability, teamwork and collaboration, customer service, professionalism and ethics, change readiness and adaptability, evaluation, tardy, training, Family Medical Leave Act
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant was employed by Respondent as a probationary Tax Audit Clerk Trainee. Grievant was dismissed by Respondent four months into her probationary period for unsatisfactory work performance. At the level three hearing, Grievant failed to meet her burden of proof by a preponderance of the evidence that she performed her duties satisfactorily and that the termination of her probationary employment was arbitrary and capricious. Accordingly, the grievance is DENIED.

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