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COA clarifies unemployment benefits issue

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The Indiana Court of Appeals used a case before it as an opportunity to clarify how an employee's eligibility for unemployment benefits should be determined when the employee is discharged for attendance issues.

In John D. Giovanoni II v. Review Board of the Indiana Dept. of Workforce Development and Clarian Health Partners, Inc., No. 93A02-0806-EX-545, John Giovanoni appealed the Unemployment Insurance Review Board's denial of his application for unemployment benefits. He worked as a pharmacy technician for Clarian and had several absences from work due to a severe medical condition and once because of weather conditions. Clarian had a uniform attendance policy for all employees, which states an employee will be fired following eight violations of the attendance policy within a certain time frame.

Judges Terry Crone and Margret Robb reversed the decision, noting that the Court of Appeals has been split regarding the reasonableness of a no-fault attendance rule. After reviewing relevant caselaw, the majority determined Love v. Heritage House Convalescent Center, 463 N.E.2d 478, 482 (Ind. Ct. App. 1983), provided the sounder model for determining eligibility for unemployment benefits when the employee is fired for attendance issues. Love held that no-fault attendance rules that subject employees to discharge for excused and unexcused absences are per se unreasonable, and an employee can't receive unemployment benefits unless he can show good cause for why he was absent or tardy.

The majority also believed the risk of inconsistent results will be reduced if discharges based on attendance are analyzed under Section d(3), as was done in Love. In the instant case, the board analyzed the issue under Section d(2), which says discharge for just cause includes a knowing violation of a reasonable and uniformly enforced rule of an employer; Section d(3) includes unsatisfactory attendance, if the individual can't show good cause for absences or tardiness.

Using Section d(3) as a guide, the majority concluded Giovanoni established good cause for his absences and tardiness and reversed the board's decision.

Judge Elaine Brown dissented, saying it is up to the legislature to change the wording of a statute if it determines it needs to clarify that Section d(2) doesn't apply to attendance issues. Judge Brown would affirm the board's decision based on his violation of Section d(2), because Giovanoni failed to show that section exempted him from being fired.

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  1. Payday loans take advantage of people in many ways. It's great to hear that the courts are using some of their sins to pay money back to the community. Hopefully this will help change the culture of many loan companies, and make lending a much safer endeavor for those in need. http://lawsuitlendingnow.com/lawsuit-loans-post-settlement.html

  2. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  3. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  4. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  5. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

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