ILNews

Judges affirm employer's attendance policy is unreasonable

Back to TopCommentsE-mailPrintBookmark and Share

A company lost on appeal its argument that it had just cause to fire an employee after seven absences from work. The Indiana Court of Appeals agreed with previous findings that the company’s attendance policy is unreasonable.

Employer P.M.T. argued that it had just cause to terminate L.A. because she knowingly violated the attendance policy by taking more than seven absences in a year. Employees are allowed seven absences in a 12-month period, and if an employee accumulates more, he or she will be fired. The policy only allows for jury duty as an excused absence. If a person is out for multiple days due to illness, a doctor’s note will reduce the period to just one day. The policy doesn’t provide exemptions for verified emergencies, and if someone wants to take time off, it must be scheduled two weeks in advance.

L.A. worked for the company for five years and had requested leave through the Family Medical Leave Act to take care of her terminally ill husband. She had two emergency absences – one due to her own health and one that dealt with her husband – that caused her to miss work and put her over the maximum allowed absences, so P.M.T. fired her.

She applied for unemployment and was ultimately awarded those benefits. An administrative law judge found P.M.T.’s attendance policy was unreasonable as a matter of law and the company failed to sufficiently maintain records showing L.A. knowingly violated the policy. The Review Board of the Indiana Department of Workforce Development agreed.

In P.M.T., Inc. v. Review Board of the Indiana Dept. of Workforce Development and L.A., No. 93A02-1105-EX-389, the Court of Appeals also found P.M.T.’s policy to be unreasonable based on the lack of exemptions for both extended personal illness and verified emergencies. The court found that the policy in place doesn’t protect its employees as is required by Jeffboat Inc. v. Rev. Board of Ind. Emp’t Sec. Div., 464 N.E.2d 377, 380 (Ind. Ct. App. 1984). The policy doesn’t protect employees with legitimate reasons for an absence and is contrary to the stated intention of the Legislature to “provide for payment of benefits to persons unemployed through no fault of their own,” wrote Judge Nancy Vaidik, citing Indiana Code 22-4-1-1.

The appellate court also found that L.A.’s absences that resulted in her termination were a result of circumstances beyond her control.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
2015 Distinguished Barrister &
Up and Coming Lawyer Reception

Tuesday, May 5, 2015 • 4:30 - 7:00 pm
Learn More


ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. by the time anybody gets to such files they will probably have been totally vacuumed anyways. they're pros at this at universities. anything to protect their incomes. Still, a laudable attempt. Let's go for throat though: how about the idea of unionizing football college football players so they can get a fair shake for their work? then if one of the players is a pain in the neck cut them loose instead of protecting them. if that kills the big programs, great, what do they have to do with learning anyways? nada. just another way for universities to rake in the billions even as they skate from paying taxes with their bogus "nonprofit" status.

  2. Um the affidavit from the lawyer is admissible, competent evidence of reasonableness itself. And anybody who had done law work in small claims court would not have blinked at that modest fee. Where do judges come up with this stuff? Somebody is showing a lack of experience and it wasn't the lawyers

  3. My children were taken away a year ago due to drugs, and u struggled to get things on track, and now that I have been passing drug screens for almost 6 months now and not missing visits they have already filed to take my rights away. I need help.....I can't loose my babies. Plz feel free to call if u can help. Sarah at 765-865-7589

  4. Females now rule over every appellate court in Indiana, and from the federal southern district, as well as at the head of many judicial agencies. Give me a break, ladies! Can we men organize guy-only clubs to tell our sob stories about being too sexy for our shirts and not being picked for appellate court openings? Nope, that would be sexist! Ah modernity, such a ball of confusion. https://www.youtube.com/watch?v=QmRsWdK0PRI

  5. LOL thanks Jennifer, thanks to me for reading, but not reading closely enough! I thought about it after posting and realized such is just what was reported. My bad. NOW ... how about reporting who the attorneys were raking in the Purdue alum dollars?

ADVERTISEMENT