| First Name | Michael |
| Last Name | Burch |
| Decision Date | 12/5/2025 |
| Docket Number | 2025-0543-DEP |
| ALJ | KDB |
| Respondent | Department of Environmental Protection/ Division of Water and Waste Management |
| Employment Type | STATE |
| Job Title | Environmental Inspector-in-Training |
| Topics | Back pay, position reinstatement |
| Primary Issues | Whether Respondent acted reasonably when it terminated Grievat during his twelve-month probationary period. Whether Respondent violated any law, rule, or policy or act in an arbitrary and capricious manner. Whether Grievant can establish by a preponderance of evidence that his services were satisfactory. |
| Outcome | DENIED |
| Statutes | W. VA. CODE ST. R. § 143-1-10.1.a, § 10.5(a), W. VA. CODE ST. R. § 143-1-10.5(a), W. VA. CODE § 6C-2-5(a), W. VA. CODE § 6C-2-5(b), W. VA. CODE § 29A-5-4(b), W. VA. CODE § 51-11-4(b)(4). |
| Related Cases | 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 & 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). Hammond v. Div. of Veteran’s Affairs, Docket No. 2009-0961-MAPS (Jan. 7, 2009); 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); 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); In re Queen, 196 W. Va. 442, 473 S.E.2d 483 (1996); Adkins v. W. Va. Dep't of Educ., 210 W. Va. 105, 556 S.E.2d 72 (2001) (per curiam); 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); 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 | residency requirement, reinstatement, backpay, professionalism, job duty, respectful, arbitrary and capricious, expectations. |
| Intermediate Court of Appeals | |
| Circuit Court | |
| Supreme Court | |
| Synopsis | Grievant, Michael Loring Burch, was employed by Respondent, Department of Environmental Protection, Division of Water and Waste Management, as a probationary employee in the position of Environmental Inspector-in-Training. Respondent terminated Grievant’s employment during his probationary period for unsatisfactory performance. Grievant failed to relocate to his district and exhibited unprofessional conduct. Respondent acted reasonably when it terminated Grievant during his twelve-month probationary period. Respondent did not violate any law, rule, or policy or act in an arbitrary and capricious manner. Grievant failed to establish by preponderant evidence that his services were satisfactory. Accordingly, the grievance is DENIED. |