Database Search Result Details
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First Name
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SONDRA/WILLIAM
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Last Name
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CASTO/LALLATHIN
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Decision Date
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11/30/1989
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Docket Number
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CORR-89-022/89-CORR-191
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ALJ
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NK
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Respondent
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DEPARTMENT OF CORRECTIONS
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Employment Type
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STATE
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Job Title
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CORRECTIONAL OFFICER
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Topics
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DISMISSAL
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Primary Issues
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Discrimination against injured workers.
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Outcome
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DENIED
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Statutes
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CSS Req. section 16.08(b)
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Related Cases
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YOHO, 336 S.E.2D 204(1985); CUTLER-CIR. CT. DECISION
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Keywords
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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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Grievants were terminated from their correctional officer positions at the West Virginia Penitentiary after they had exhausted all leave benefits following on-the-job injuries and could not determine when, if ever, they would be physically able to return to work. They contend that there was no justification for their terminations. DECISION: DENIED. Respondent followed the legal requirements and its own policy to retain on-the-job injured workers for twelve months on personal leave without pay. Respondent moreover demonstrated that the retention of non-working employees was administratively burdensome as it could not, among other things, replace the non-working employees with new hires. Therefore, grievants' terminations were not arbitrary.
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