W. Va. Dep't of Transp. v. Litten (Per Curiam Opinion)
Annotate this CaseRespondent's employment with the West Virginia Department of Transportation (DOH) was terminated because Respondent allegedly accessed and attempted to access pornographic websites using a computer owned by the State. Emphasizing that the computer was located in a common area for the use of several workers, Respondent denied that he was the offending employee. The Public Employees Grievance Board found in favor of Respondent and directed the DOH to reinstate him to his employment. The circuit court affirmed. The Supreme Court affirmed, holding that the DOH did not carry its burden of proving the allegations against Respondent by a preponderance of the evidence.
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