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College cook not erroneously denied unemployment benefits

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A cook at St. Joseph’s College in Rensselaer couldn’t convince the Indiana Court of Appeals that he was entitled to unemployment benefits for the summer of 2012.

James Broxton works full time for Sodexo at the school as a cook from August through May; in the other months, he is “on call” and must call in each week to see if work is available. He was never called in during the summer of 2012 and filed a claim for unemployment benefits. He received benefits in prior summers, but the 2012 claim was denied after it was determined he was on a “vacation week mandated by the employer.”

The Review Board of the Department of Workforce Development concluded Broxton wasn’t entitled to benefits due to I.C. 22-4-3-5, which denies benefits to certain employees on a “vacation week” without remuneration pursuant to a contract or regular policy.

Broxton argued the review board improperly determined that his employer was not required to give notice under 22-4-3-5(c). This section is inapplicable if an employer fails to comply with a department rule or policy regarding filing of notice … arising from the vacation period, but the department has no rules or policies requiring employers to file notice.

“[T]he statute merely requires an employer to comply with the Department’s rule or policy; it does not specify the content of the rule or policy. Given the Department’s substantial discretion, we conclude that Broxton’s argument regarding the notice provisions of Indiana Code Section 22-4-3-5(c) fails,” Judge Michael Barnes wrote in James Broxton v. Review Board of the Indiana Department of Workforce Development, the Department of Indiana Workforce Development, and Sodexo, 93A02-1301-EX-79.

“The Review Board’s determination that Broxton was on an unpaid ‘vacation week’ because of Sodexo’s regular vacation policy and practice and had a reasonable assurance of employment after the vacation period ended is reasonable. Based on the factors set out by the Department, we cannot say that the Review Board erred when it determined that Broxton was ineligible for unemployment benefits due to Indiana Code Section 22-4-3-5.”
 

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  2. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

  3. Don't we have bigger issues to concern ourselves with?

  4. Anyone who takes the time to study disciplinary and bar admission cases in Indiana ... much of which is, as a matter of course and by intent, off the record, would have a very difficult time drawing lines that did not take into account things which are not supposed to matter, such as affiliations, associations, associates and the like. Justice Hoosier style is a far departure than what issues in most other parts of North America. (More like Central America, in fact.) See, e.g., http://www.theindianalawyer.com/indiana-attorney-illegally-practicing-in-florida-suspended-for-18-months/PARAMS/article/42200 When while the Indiana court system end the cruel practice of killing prophets of due process and those advocating for blind justice?

  5. Wouldn't this call for an investigation of Government corruption? Chief Justice Loretta Rush, wrote that the case warranted the high court’s review because the method the Indiana Court of Appeals used to reach its decision was “a significant departure from the law.” Specifically, David wrote that the appellate panel ruled after reweighing of the evidence, which is NOT permissible at the appellate level. **But yet, they look the other way while an innocent child was taken by a loving mother who did nothing wrong"

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