Database Search Result Details

First Name DICK
Last Name HOWARD
Decision Date 10/18/1988
Docket Number BOR-88-094
ALJ JW
Respondent MARSHALL UNIVERSITY
Employment Type HE
Job Title BUILDING SERVICE WORKER I
Topics DISMISSAL
Primary Issues Unsatisfactory work performance; attitude; lack of improvement
Outcome GRANTED
Statutes Classified Employees Handbook 10.3.2
Related Cases 238 S.E.2D 220 (W.VA. 1977); 256 S.E.2D 592
Keywords WARNING; IMPROVEMENT PLAN NEEDED.
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis THE CLASSIFIED EMPLOYEES HANDBOOK PROMULGATED BY THE WVBOR PROVIDES THE PROCEDURES BY WHICH CLASSIFIED EMPLOYEES MAY BE SUSPENDED, DISMISSED OR DEMOTED AND SECTION 10.3.2 OF SAID HANDBOOK SPECIFICALLY PROVIDES THAT AN EMPLOYEE WHO IS BEING CONSIDERED FOR DISMISSAL MUST RECEIVE A LETTER OF WARNING, WHICH INCLUDES AN IMPROVEMENT PLAN, DEADLINE FOR COMPLIANCE WITH THE PLAN AND NOTICE THAT DISMISSAL WILL BE THE RESULT OF A FAILURE TO COMPLY. THE FAILURE OF M.U. TO PROVIDE THE GRIEVANT WITH A LETTER OF WARNING AND IMPROVEMENT PLAN PRIOR TO HIS DISMISSAL WAS A DIRECT VIOLATION OF SECTION 10.3.2.

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