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COA sides with man accused of stealing hotdogs

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The Indiana Court of Appeals says a man who was fired for snatching two hotdogs from the company refrigerator is entitled to unemployment benefits. In its opinion, the COA reversed a decision by the Review Board of the Indiana Department of Workforce Development that stated Nolan Koewler’s employer – Dillards – was justified in terminating his employment.

On July 4, 2010, Dillards hosted a cookout, providing hotdogs and hamburgers for its employees. Dock manager Mike Marz had testified that the leftovers were to be saved for Labor Day. But the appeals court found that Marz told employees to put away the food; he did not testify that Koewler heard the food was intended for Labor Day.

“The record reveals that employees had been offered hamburgers and hotdogs for consumption; it does not reveal that the rescission of this offer of celebratory food was in fact communicated to Koewler,” the court wrote.

A day after the cookout, Koewler took two hotdogs from the refrigerator. Marz checked surveillance camera footage, and upon seeing Koewler nab the leftovers, reported him to the store manager.

The appeals court stated that Marz’s testimony in N.K. v. Review Board , No. 93A02-1012-EX-1431 indicates that the “off-limits” hotdogs were those destined for a freezer. However, Koewler and Marz each testified that the hotdogs at issue were retrieved from the refrigerator.

At a meeting with the store manager, Koewler admitted to the incident. A police officer was summoned, and the store manager advised Koewler that he had a choice: Sign a statement that he stole two leftover hotdogs or spend the night in jail. Koewler signed the statement and was fired.

A claims deputy for the department of workforce development had initially found that Koewler was entitled to receive unemployment compensation because he was not discharged for just cause. Dillards appealed. After a hearing, an Administrative Law Judge affirmed the deputy’s decision, and Dillards then appealed the review board. The board cited Indiana Code Section 22-4-15-1(d) in determining Koewler’s termination was just.

The appeals court held that “just cause,” as defined in Indiana Code Section 22-4-15-1, subsection (d)(9), is: “any breach of duty in connection with work which is reasonably owed an employer by an employee.” Koewler does not deny that he took the hotdogs, but no proof exists to support that he knew doing so was forbidden, the court stated.

Calling the board’s decision “unreasonable” and “contrary to law,” the appeals court reversed.

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  • Dillards Should Be Ashamed
    Dillards is ridiculous and should be ashamed to even fire this gentlemen, particularly in this rough economy. The value of the hotdogs is probably $2 and they want to take this to the Supreme Court. Dillards should br ashamed and the store manager should be fired for being an idiot.
  • Dillards Should Be Ashamed
    Dillards is ridiculous and should be ashamed to even fire this gentlemen, particularly in this rough economy. The value of the hotdogs is probably $2 and they want to take this to the Supreme Court. Dillards should br ashamed and the store manager should be fired for being an idiot.

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  1. He called our nation a nation of cowards because we didn't want to talk about race. That was a cheap shot coming from the top cop. The man who decides who gets the federal government indicts. Wow. Not a gentleman if that is the measure. More importantly, this insult delivered as we all understand, to white people-- without him or anybody needing to explain that is precisely what he meant-- but this is an insult to timid white persons who fear the government and don't want to say anything about race for fear of being accused a racist. With all the legal heat that can come down on somebody if they say something which can be construed by a prosecutor like Mr Holder as racist, is it any wonder white people-- that's who he meant obviously-- is there any surprise that white people don't want to talk about race? And as lawyers we have even less freedom lest our remarks be considered violations of the rules. Mr Holder also demonstrated his bias by publically visiting with the family of the young man who was killed by a police offering in the line of duty, which was a very strong indicator of bias agains the offer who is under investigation, and was a failure to lead properly by letting his investigators do their job without him predetermining the proper outcome. He also has potentially biased the jury pool. All in all this worsens race relations by feeding into the perception shared by whites as well as blacks that justice will not be impartial. I will say this much, I do not blame Obama for all of HOlder's missteps. Obama has done a lot of things to stay above the fray and try and be a leader for all Americans. Maybe he should have reigned Holder in some but Obama's got his hands full with other problelms. Oh did I mention HOlder is a bank crony who will probably get a job in a silkstocking law firm working for millions of bucks a year defending bankers whom he didn't have the integrity or courage to hold to account for their acts of fraud on the United States, other financial institutions, and the people. His tenure will be regarded by history as a failure of leadership at one of the most important jobs in our nation. Finally and most importantly besides him insulting the public and letting off the big financial cheats, he has been at the forefront of over-prosecuting the secrecy laws to punish whistleblowers and chill free speech. What has Holder done to vindicate the rights of privacy of the American public against the illegal snooping of the NSA? He could have charged NSA personnel with violations of law for their warrantless wiretapping which has been done millions of times and instead he did not persecute a single soul. That is a defalcation of historical proportions and it signals to the public that the government DOJ under him was not willing to do a damn thing to protect the public against the rapid growth of the illegal surveillance state. Who else could have done this? Nobody. And for that omission Obama deserves the blame too. Here were are sliding into a police state and Eric Holder made it go all the faster.

  2. JOE CLAYPOOL candidate for Superior Court in Harrison County - Indiana This candidate is misleading voters to think he is a Judge by putting Elect Judge Joe Claypool on his campaign literature. paragraphs 2 and 9 below clearly indicate this injustice to voting public to gain employment. What can we do? Indiana Code - Section 35-43-5-3: Deception (a) A person who: (1) being an officer, manager, or other person participating in the direction of a credit institution, knowingly or intentionally receives or permits the receipt of a deposit or other investment, knowing that the institution is insolvent; (2) knowingly or intentionally makes a false or misleading written statement with intent to obtain property, employment, or an educational opportunity; (3) misapplies entrusted property, property of a governmental entity, or property of a credit institution in a manner that the person knows is unlawful or that the person knows involves substantial risk of loss or detriment to either the owner of the property or to a person for whose benefit the property was entrusted; (4) knowingly or intentionally, in the regular course of business, either: (A) uses or possesses for use a false weight or measure or other device for falsely determining or recording the quality or quantity of any commodity; or (B) sells, offers, or displays for sale or delivers less than the represented quality or quantity of any commodity; (5) with intent to defraud another person furnishing electricity, gas, water, telecommunication, or any other utility service, avoids a lawful charge for that service by scheme or device or by tampering with facilities or equipment of the person furnishing the service; (6) with intent to defraud, misrepresents the identity of the person or another person or the identity or quality of property; (7) with intent to defraud an owner of a coin machine, deposits a slug in that machine; (8) with intent to enable the person or another person to deposit a slug in a coin machine, makes, possesses, or disposes of a slug; (9) disseminates to the public an advertisement that the person knows is false, misleading, or deceptive, with intent to promote the purchase or sale of property or the acceptance of employment;

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  4. I grew up on a farm and live in the county and it's interesting that the big industrial farmers like Jeff Shoaf don't live next to their industrial operations...

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