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Judges reverse grant of unemployment benefits

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The Indiana Court of Appeals has held that if an employee’s explanation for the behavior that led to his termination is another terminable offense, that provides just cause for termination. As a result, the judges reversed the decision to grant a fired man unemployment benefits.

In Alebro, LLC v. Review Board of the Indiana Department of Workforce Development and Jason Scheidell, No. 93A02-1110-EX-970, Alebro, which is a retail seller of salt, appealed the grant of unemployment benefits to terminated employee Jason Scheidell. Scheidell worked for the company for seven years and during that time, some of the company’s salt had been missing. The company learned in 2011 that Scheidell had approached a customer offering to sell him the same salt at a cheaper price. He conducted the sale at Alebro’s property.

Scheidell was fired for theft, but because Alebro didn’t follow proper procedure to admit evidence of the theft, Scheidell was able to rebut the theft allegation. He claimed he did not steal the salt, but just breached his duty of loyalty by selling salt on company property at a lower price. This is also a terminable offense.

The COA concluded that Scheidell is ineligible for benefits because he attempted to rebut the allegation that he stole from Alebro by admitting instead that he only breached his duty of loyalty by selling salt on the company’s property for cheaper than Alebro did, another terminable offense. The judges rejected Scheidell’s argument that their review is limited only to the theft charges. The appellate court decided that the reasoning of Voss v. Review Board of Dept. of Emp’t and Training Servs., 533 N.E.2d 1020, 1021 (Ind. Ct. App. 1989), on which Scheidell relied for his argument, is no longer applicable when an employee defends his behavior against a stated offense by admitting another terminable one.

“He no longer requires the protection of fair notice because he is the one setting forth the allegations of his terminable offenses, not his employer. To do otherwise would allow an employee to turn the shield of Voss into a sword, using his own terminable offenses to obtain undeserved unemployment benefits. This would turn Voss on its head and accomplish the opposite of what the holding in Voss is designed to do,” wrote Judge Nancy Vaidik.

Judge Terry Crone concurred with a separate opinion in which he wrote about why he believes initials should be used in these types of cases instead of identifying the parties.

 

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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