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COA tosses injunction issued after alleged workplace threat

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An injunction against an employee who allegedly told a company therapist that he was going to blow his supervisor’s head off is void because it arose from a labor dispute, the Indiana Court of Appeals ruled Friday.

The ruling came in a case in which the appeals court agreed to the employee’s request to seal the filings and identify all parties, including the company, by initials. The case is A.H. v. C.E.G., on behalf of G.S., 49A05-1310-PO-525.

A.H. allegedly made the threat after suffering an unspecified workplace injury at C.E.G., and after phone calls in which the supervisor, G.S., told A.H. that he had been disrespectful. After G.S. asked A.H. to get a second opinion on his injury, A.H. called the company therapist, who alerted human resources about the alleged threat.

The employer petitioned the trial court for an injunction against A.H. under the Workforce Violence Restraining Orders Act, I.C. 34-26-6, which was granted. On appeal, A.H. argued the trial court had no jurisdiction since the petition arose from a labor dispute governed by the Anti-Injunction Act.

“We agree,” Judge Terry Crone wrote for the panel that reversed the injunction and remanded with instructions it be dismissed.

“The AIA was intended to minimize judicial control of labor-related disputes,” Crone wrote. The statute is I.C. 22-6-1.

C.E.G. argued that the statute didn’t apply to A.H. because he wasn’t a union member and his actions weren’t related to organized labor, but the court sided with A.H.’s argument that such a position conflicted with the plain language of the Anti-Injunction Act. The court also discounted C.E.G.’s contention that the dispute between A.H. and G.S. was personal rather than an employment dispute.

“To the contrary, the evidence shows that A.H.’s alleged threat was made within a few days after A.H. suffered an injury at work, told G.S. that he disagreed with his work assignment and hours, and complained about preferential treatment for one employee.  ... A.H. knew that G.S. disapproved of the way he had expressed his dissatisfaction and that G.S. was going to document his behavior," the panel found.

“Accordingly, we conclude that this case concerned a controversy over the terms and conditions of employment. In sum, we conclude that this case involves or grows out of a labor dispute and is governed by the AIA."


 

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

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  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

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