ILNews

COA clarifies unemployment benefits issue

Back to TopCommentsE-mailPrintBookmark and Share

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.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Hmmmmm ..... How does the good doctor's spells work on tyrants and unelected bureacrats with nearly unchecked power employing in closed hearings employing ad hoc procedures? Just askin'. ... Happy independence day to any and all out there who are "free" ... Unlike me.

  2. Today, I want to use this opportunity to tell everyone about Dr agbuza of agbuzaodera(at)gmail. com, on how he help me reunited with my husband after 2 months of divorce.My husband divorce me because he saw another woman in his office and he said to me that he is no longer in love with me anymore and decide to divorce me.I seek help from the Net and i saw good talk about Dr agbuza and i contact him and explain my problem to him and he cast a spell for me which i use to get my husband back within 2 days.am totally happy because there is no reparations and side-effect. If you need his help Email him at agbuzaodera(at)gmail. com

  3. The practitioners and judges who hail E-filing as the Saviour of the West need to contain their respective excitements. E-filing is federal court requires the practitioner to cram his motion practice into pigeonholes created by IT people. Compound motions or those seeking alternative relief are effectively barred, unless the practitioner wants to receive a tart note from some functionary admonishing about the "problem". E-filing is just another method by which courts and judges transfer their burden to practitioners, who are the really the only powerless components of the system. Of COURSE it is easier for the court to require all of its imput to conform to certain formats, but this imposition does NOT improve the quality of the practice of law and does NOT improve the ability of the practitioner to advocate for his client or to fashion pleadings that exactly conform to his client's best interests. And we should be very wary of the disingenuous pablum about the costs. The courts will find a way to stick it to the practitioner. Lake County is a VERY good example of this rapaciousness. Any one who does not believe this is invited to review the various special fees that system imposes upon practitioners- as practitioners- and upon each case ON TOP of the court costs normal in every case manually filed. Jurisprudence according to Aldous Huxley.

  4. Any attorneys who practice in federal court should be able to say the same as I can ... efiling is great. I have been doing it in fed court since it started way back. Pacer has its drawbacks, but the ability to hit an e-docket and pull up anything and everything onscreen is a huge plus for a litigator, eps the sole practitioner, who lacks a filing clerk and the paralegal support of large firms. Were I an Indiana attorney I would welcome this great step forward.

  5. Can we get full disclosure on lobbyist's payments to legislatures such as Mr Buck? AS long as there are idiots that are disrespectful of neighbors and intent on shooting fireworks every night, some kind of regulations are needed.

ADVERTISEMENT