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. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...