Database Search Result Details

First Name Shawn
Last Name Bruton
Decision Date 2/17/2026
Docket Number 2026-0107-DHF
ALJ KDB
Respondent Department of Health Facilities, Mildred Mitchell-Bateman Hospital
Employment Type STATE
Job Title Security Guard
Topics Termination/Disciplinary
Primary Issues Whether Respondent can prove by a preponderance of the evidence it had good cause to dismiss Grievant for misconduct? Whether Grievant can prove that Respondent violated any law, rule, or policy or act in an arbitrary and capricious manner by terminating Grievant's employment? Whether Grievant can prove that the termination of his employment was improper or disproportionate punishment? Whether Grievant can prove that mitigation of the punishment was warranted?
Outcome DENIED
Statutes W.Va. Code St. R. § 156-1-3, W. Va. Code § 6C-2-5(a), W. Va. Code § 51-11-4(b)(4), W. Va. Code § 6C-2-5(b) (2024), W. Va. Code § 29A-5-4(b (2024).
Related Cases Leichliter v. W. Va. Dep't of Health & Human Res., Docket No. 92-HHR-486 (May 17, 1993); Syl. Pt. 1, Oakes v. W. Va. Dep't of Finance and Admin., 164 W. Va. 384, 264 S.E.2d 151 (1980); Guine v. Civil Serv. Comm'n, 149 W. Va. 461, 141 S.E.2d 364 (1965); See also W. Va. Code St. R. § 143-1-12.2.a (2022); W. Va. Dep't of Corr. v. Lemasters, 173 W. Va. 159, 162, 313 S.E.2d 436, 439 (1984); Drown v. W. Va. Civil Serv. Comm'n, 180 W. Va. 143, 145, 375 S.E.2d 775, 777 (1988) (per curiam); Jenkins v. Dep’t of Health and Human Resources/Mildred Mitchell- Bateman Hospital, Docket No. 2020-0896-CONS (July 20, 2022); Martin v. W. Va. Fire Comm'n, Docket No. 89-SFC-145 (Aug. 8, 1989);” Conner v. Barbour County Bd. of Educ., Docket No. 94-01-394 (Jan. 31, 1995), aff’d, Kanawha Cnty. Cir. Ct. Docket No 95-AA-66 (May 1, 1996), appeal refused, W.Va. Sup. Ct. App. (Nov. 19, 1996); Overbee v. Dep't of Health and Human Resources/Welch Emergency Hosp., Docket No. 96-HHR-183 (Oct. 3, 1996); Olsen v. Kanawha County Bd. of Educ., Docket No. 02-20-380 (May 30, 2003), aff’d, Kanawha Cnty. Cir. Ct. Docket No. 03-AA-94 (Jan. 30, 2004), appeal refused, W.Va. Sup. Ct. App. Docket No. 041105 (Sept. 30, 2004); Phillips v. Summers County Bd. of Educ., Docket No. 93-45-105 (Mar. 31, 1994); Cooper v. Raleigh County Bd. of Educ., Docket No. 2014-0028-RalED (Apr. 30, 2014), aff’d, Kanawha Cnty. Cir. Ct. Docket No. 14-AA-54 (Jan. 16, 2015).
Keywords policy MMBHC026, wrongful termination, arbitrary and capricious manner, suspension, investigation, Facebook, allegations, relationship, “gross misconduct”, Policy OSA-HRP3, Employee Conduct Policy OSA-PM2108, 2.3.11
Intermediate Court of Appeals
Circuit Court
Supreme Court
Synopsis Grievant was employed by Respondent at Mildred Mitchell-Bateman Hospital as a security guard. Respondent terminated Grievant’s employment for misconduct of inappropriate contact with a patient’s family member. Respondent proved by a preponderance of the evidence it had good cause to dismiss Grievant for misconduct. Respondent did not violate any law, rule, or policy or act in an arbitrary and capricious manner by terminating Grievant’s employment. Grievant failed to prove the termination of his employment was improper or disproportionate punishment. Further, Grievant failed to prove that mitigation of the punishment was warranted. Accordingly, the grievance is denied.

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