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Justices uphold denial of benefits for fired employee

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Indiana Justice Steven David authored a unanimous opinion Wednesday in which the court held “when the facts of a case support more than one statutory ground for discharge, we are not confined to narrowly review the [Indiana Department of Workforce Development] Review Board’s decision when the facts point to the Review Board’s ultimately correct conclusion.”

In J.M. v. Review Board of the Indiana Dept. of Workforce Development and T.C., 93S02-1203-EX-138, the Supreme Court upheld the denial of unemployment benefits to J.M., a former employee in an unnamed county surveyor’s office. J.M. sought to take a class during work hours and make up the time later by working through lunch and working later hours. His supervisor told J.M. that he could take the class, but he would have to use vacation time instead, as that has been the office policy.

The employee handbook also states an employee can face discipline for “disobeying a reasonable order … or to comply with written or verbal instructions.”

J.M. took the class anyway, and did not log all missed hours with personal time. He instead worked through a lunch and came in early sometimes. He was fired in September 2010.

His unemployment claim was initially denied, but an administrative law judge reversed. The county appealed, and the review board reversed, finding J.M. violated the direction from his supervisor as well as the policy in the handbook. The Court of Appeals then reversed the board.

The justices affirmed the review board. The board found J.M. was discharged for just cause based on I.C. 22-4-15-1(d)(2) – “knowing violation of a reasonable and uniformly enforced rule of an employer, including a rule regarding attendance.” The COA found J.M. did not violate (d)(2), but did not consider (d)(5) – “refusing to obey instructions” – because it was not named in the conclusions of law by the review board. Subsection (d)(5) mirrors the policy in the handbook.

The Supreme Court did not agree with the lower appellate court that it could not affirm a just cause finding on a different ground than one cited by the review board. David pointed out that the findings of fact state that the project manager told J.M. that he could miss work, but that policy would not allow him to make up the time. The findings of basic fact are within the scope of the substantial-evidence standard of review, the justices held.

“We may rely on a different statutory ground of a just cause finding than the one relied upon by the Review Board when, as here, the Review Board’s findings of fact clearly establish the alternate subsection’s applicability. As such, we affirm the Review Board under Indiana Code section 22-4-15-1(d)(5), that J.M. refused to obey instructions, and was thus fired for just cause,” he wrote.
 

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  1. Uh oh, someone is really going to get their panti ... uh, um ... I mean get upset now: http://www.theguardian.com/us-news/2015/mar/31/arkansas-passes-indiana-style-religious-freedom-bill

  2. Bryan, stop insulting the Swedes by comparing them to the American oligarchs. Otherwise your point is well taken.

  3. Sociologist of religion Peter Berger once said that the US is a “nation of Indians ruled by Swedes.” He meant an irreligious elite ruling a religious people, as that Sweden is the world’s least religious country and India the most religious. The idea is that American social elites tend to be much less religious than just about everyone else in the country. If this is true, it helps explain the controversy raking Indiana over Hollywood, San Fran, NYC, academia and downtown Indy hot coals. Nevermind logic, nevermind it is just the 1993 fed bill did, forget the Founders, abandon of historic dedication to religious liberty. The Swedes rule. You cannot argue with elitists. They have the power, they will use the power, sit down and shut up or feel the power. I know firsthand, having been dealt blows from the elite's high and mighty hands often as a mere religious plebe.

  4. I need helping gaining custody of my 5 and 1 year old from my alcoholic girlfriend. This should be an easy case for any lawyer to win... I've just never had the courage to take her that far. She has a record of public intox and other things. She has no job and no where to live othe than with me. But after 5 years of trying to help her with her bad habit, she has put our kids in danger by driving after drinking with them... She got detained yesterday and the police chief released my kids to me from the police station. I live paycheck to paycheck and Im under alot of stress dealing with this situation. Can anyone please help?

  5. The more a state tries to force people to associate, who don't like each other and simply want to lead separate lives, the more that state invalidates itself....... This conflict has shown clearly that the advocates of "tolerance" are themselves intolerant, the advocates of "diversity" intend to inflict themselves on an unwilling majority by force if necessary, until that people complies and relents and allows itself to be made homogenous with the politically correct preferences of the diversity-lobbies. Let's clearly understand, this is force versus force and democracy has nothing to do with this. Democracy is a false god in the first place, even if it is a valid ideal for politics, but it is becoming ever more just an empty slogan that just suckers a bunch of cattle into paying their taxes and volunteering for stupid wars.

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