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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. My daughters' kids was removed from the home in March 2015, she has been in total compliance with the requirements of cps, she is going to court on the 4th of August. Cps had called the first team meeting last Monday to inform her that she was not in compliance, by not attending home based therapy, which is done normally with the children in the home, and now they are recommending her to have a psych evaluation, and they are also recommending that the children not be returned to the home. This is all bull hockey. In this so called team meeting which I did attend for the best interest of my child and grandbabies, I learned that no matter how much she does that cps is not trying to return the children and the concerns my daughter has is not important to cps, they only told her that she is to do as they say and not to resist or her rights will be terminated. I cant not believe the way Cps treats people knowing if they threaten you with loosing your kids you will do anything to get them back. My daughter is drug free she has never put her hands on any of her children she does not scream at her babies at all, but she is only allowed to see her kids 6 hours a week and someone has to supervise. Lets all tske a stand against the child protection services. THEY CAN NO LONGER TAKE CHILDREN FROM THERE PARENTS.

  2. Planned Parenthood has the government so trained . . .

  3. In a related story, an undercover video team released this footage of the government's search of the Planned Parenthood facilities. https://www.youtube.com/watch?v=ZXVN7QJ8m88

  4. Here is an excellent movie for those wanting some historical context, as well as encouragement to stand against dominant political forces and knaves who carry the staves of governance to enforce said dominance: http://www.copperheadthemovie.com/

  5. Not enough copperheads here to care anymore, is my guess. Otherwise, a totally pointless gesture. ... Oh wait: was this done because somebody want to avoid bad press - or was it that some weak kneed officials cravenly fear "protest" violence by "urban youths.."

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