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COA sides with man accused of stealing hotdogs

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The Indiana Court of Appeals says a man who was fired for snatching two hotdogs from the company refrigerator is entitled to unemployment benefits. In its opinion, the COA reversed a decision by the Review Board of the Indiana Department of Workforce Development that stated Nolan Koewler’s employer – Dillards – was justified in terminating his employment.

On July 4, 2010, Dillards hosted a cookout, providing hotdogs and hamburgers for its employees. Dock manager Mike Marz had testified that the leftovers were to be saved for Labor Day. But the appeals court found that Marz told employees to put away the food; he did not testify that Koewler heard the food was intended for Labor Day.

“The record reveals that employees had been offered hamburgers and hotdogs for consumption; it does not reveal that the rescission of this offer of celebratory food was in fact communicated to Koewler,” the court wrote.

A day after the cookout, Koewler took two hotdogs from the refrigerator. Marz checked surveillance camera footage, and upon seeing Koewler nab the leftovers, reported him to the store manager.

The appeals court stated that Marz’s testimony in N.K. v. Review Board , No. 93A02-1012-EX-1431 indicates that the “off-limits” hotdogs were those destined for a freezer. However, Koewler and Marz each testified that the hotdogs at issue were retrieved from the refrigerator.

At a meeting with the store manager, Koewler admitted to the incident. A police officer was summoned, and the store manager advised Koewler that he had a choice: Sign a statement that he stole two leftover hotdogs or spend the night in jail. Koewler signed the statement and was fired.

A claims deputy for the department of workforce development had initially found that Koewler was entitled to receive unemployment compensation because he was not discharged for just cause. Dillards appealed. After a hearing, an Administrative Law Judge affirmed the deputy’s decision, and Dillards then appealed the review board. The board cited Indiana Code Section 22-4-15-1(d) in determining Koewler’s termination was just.

The appeals court held that “just cause,” as defined in Indiana Code Section 22-4-15-1, subsection (d)(9), is: “any breach of duty in connection with work which is reasonably owed an employer by an employee.” Koewler does not deny that he took the hotdogs, but no proof exists to support that he knew doing so was forbidden, the court stated.

Calling the board’s decision “unreasonable” and “contrary to law,” the appeals court reversed.

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  • Dillards Should Be Ashamed
    Dillards is ridiculous and should be ashamed to even fire this gentlemen, particularly in this rough economy. The value of the hotdogs is probably $2 and they want to take this to the Supreme Court. Dillards should br ashamed and the store manager should be fired for being an idiot.
  • Dillards Should Be Ashamed
    Dillards is ridiculous and should be ashamed to even fire this gentlemen, particularly in this rough economy. The value of the hotdogs is probably $2 and they want to take this to the Supreme Court. Dillards should br ashamed and the store manager should be fired for being an idiot.

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  1. The is an unsigned editorial masquerading as a news story. Almost everyone quoted was biased in favor of letting all illegal immigrants remain in the U.S. (Ignoring that Obama deported 3.5 million in 8 years). For some reason Obama enforcing part of the immigration laws was O.K. but Trump enforcing additional parts is terrible. I have listed to press conferences and explanations of the Homeland Security memos and I gather from them that less than 1 million will be targeted for deportation, the "dreamers" will be left alone and illegals arriving in the last two years -- especially those arriving very recently -- will be subject to deportation but after the criminals. This will not substantially affect the GDP negatively, especially as it will take place over a number of years. I personally think this is a rational approach to the illegal immigration problem. It may cause Congress to finally pass new immigration laws rationalizing the whole immigration situation.

  2. Mr. Straw, I hope you prevail in the fight. Please show us fellow American's that there is a way to fight the corrupted justice system and make them an example that you and others will not be treated unfairly. I hope you the best and good luck....

  3. @ President Snow - Nah, why try to fix something that ain't broken??? You do make an excellent point. I am sure some Mickey or Minnie Mouse will take Ruckers seat, I wonder how his retirement planning is coming along???

  4. Can someone please explain why Judge Barnes, Judge Mathias and Chief Judge Vaidik thought it was OK to re weigh the evidence blatantly knowing that by doing so was against the rules and went ahead and voted in favor of the father? I would love to ask them WHY??? I would also like to ask the three Supreme Justices why they thought it was OK too.

  5. How nice, on the day of my car accident on the way to work at the Indiana Supreme Court. Unlike the others, I did not steal any money or do ANYTHING unethical whatsoever. I am suing the Indiana Supreme Court and appealed the failure of the district court in SDIN to protect me. I am suing the federal judge because she failed to protect me and her abandonment of jurisdiction leaves her open to lawsuits because she stripped herself of immunity. I am a candidate for Indiana Supreme Court justice, and they imposed just enough sanction so that I am made ineligible. I am asking the 7th Circuit to remove all of them and appoint me as the new Chief Justice of Indiana. That's what they get for dishonoring my sacrifice and and violating the ADA in about 50 different ways.

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