| First Name | Bryan |
| Last Name | Mangis |
| Decision Date | 1/20/2026 |
| Docket Number | 2025-0705-DHS |
| ALJ | RLR |
| Respondent | Department of Homeland Security/Northern Correctional Facility |
| Employment Type | STATE |
| Job Title | Probationary Correctional Officer I |
| Topics | Termination/Disciplinary |
| Primary Issues | Whether the record proves that the grievant's probationary employment as a Correctional Officer I was of satisfactory performance. Whether the record proves that Grievant's work performance was effective and met Respondent'sexpectations as a probationary employee. Whether the record proves that Respondent's dismissal should be mitigated to a lesser employment action. |
| Outcome | DENIED |
| Statutes | W. Va. Code § 6C-2-4(a)(4), 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. W. Va. Div. of Corr. , Docket No. 89-CORR-163 (Mar. 8, 1990); Bowman v. W. Va. Educ. Broadcasting Auth. , Docket No. 96- EBA-464 (July 3, 1997); Walker v. W. Va. Public Serv. Comm'n , Docket No. 96-PSC-422 (Mar. 11, 1992); " Leichliter v. W. Va. Dep't of Health & Human Res. , Docket No. 92- HHR-486 (May 17, 1993); Jones v. W. Va. Dep’t of Health & Human Res., Docket No. 96- HHR-371 (Oct. 30, 1996); Young v. Div. of Natural Res ., Docket No. 2009-0540-DOC (Nov. 13, 2009); See also Clarke v. W. Va. Bd. of Regents , 166 W. Va. 702, 279 S.E.2d 169 (1981).Burchell v. Bd. of Trustees, Marshall Univ ., Docket No. 97-BOT-011 (Aug. 29, 1997); Hackman v. W. Va. Dep’t of Transp. , Docket No. 01-DMV-582 (Feb. 20, 2002). Overbee v. Dep’t of Health and Human Res./Welch Emergency Hosp. , Docket No. 96-HHR-183 (Oct. 3, 1996); Conner v. Barbour County Bd. of Educ ., Docket No. 95-01-031 (Sept. 29, 1995); Pingley v. Div. of Corr ., Docket No. 95-CORR-252 (July 23, 1996); McVay v. Wood County Bd. of Educ. , Docket No. 95-54-041 (May 18, 1995) |
| Keywords | Excessive leave, Division of Personnel Administrative Rule 143 C.S.R. 1 § 10.5(a). |
| Intermediate Court of Appeals | |
| Circuit Court | |
| Supreme Court | |
| Synopsis | Grievant was dismissed from his probationary employment as a Correctional Officer 1 because of unsatisfactory performance. The record demonstrated that Grievant’s work performance was unsatisfactory. The record did not demonstrate that Grievant’s work performance was effective and met Respondent’s expectations as a probationary employee. The record did not support a ruling that the dismissal be mitigated to a lesser employment action. The grievance is denied. |