ILNews

Dispatcher fired after firecracker incident loses unemployment appeal

Back to TopCommentsE-mailPrintBookmark and Share

An appeals court panel Thursday affirmed denial of unemployment benefits for a Starke County sheriff’s dispatcher who took time off work after a firecracker exploded behind her at work and she was diagnosed with hearing loss, vertigo and tinnitus.

But after dispatcher Gina Albright took sick days, vacation time and bereavement leave, she failed to report to work or call to notify the office that she wouldn’t be in, after which she was fired. The Department of Workforce Development denied unemployment benefits, ruling Albright was fired for cause.

The Court of Appeals agreed in Gina Albright v. Review Board of the Indiana Dept. of Workforce Development and the Starke County Sheriff's Dept., 93A02-1301-EX-81.  The panel noted that while Albright had a diagnosed medical condition due to the incident at work, her doctor had cleared her to work.
 
The record shows Albright was one of two dispatchers who worked 6 p.m. to 6 a.m. shifts, four days on and four days off, to cover the northwest Indiana county’s emergency communication services, and authorities said her failure to report to work or call in to report an absence was the first time such an instance had occurred.

The court used the unique responsibilities of dispatchers to set a higher standard for those professionals.

“One of the major objectives of a 911 dispatcher’s duties is to assist people in an emergency. As such, a functioning dispatcher’s office is essential to public safety. There must be a sufficient number of dispatchers on the job so that emergencies are responded to in a timely manner. We conclude that dispatchers are an appropriately distinct class upon which to assess the uniform enforcement of the unexcused, unreported absence policy,” Judge Terry Crone wrote in a unanimous opinion joined by Judges Michael Barnes and Rudy Pyle III.

The opinion also records in a footnote a change in case captions for appeals from the Department of Workforce Development – names, rather than initials, will be used unless an affirmative request for confidentiality is made as outlined in Recker v. Review Board, 958 N.E.2d 1136, 1138 n.4 (Ind. 2011).





 

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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Hail to our Constitutional Law Expert in the Executive Office! “What you’re not paying attention to is the fact that I just took an action to change the law,” Obama said.

  2. What is this, the Ind Supreme Court thinking that there is a separation of powers and limited enumerated powers as delegated by a dusty old document? Such eighteen century thinking, so rare and unwanted by the elites in this modern age. Dictate to us, dictate over us, the massess are chanting! George Soros agrees. Time to change with times Ind Supreme Court, says all President Snows. Rule by executive decree is the new black.

  3. I made the same argument before a commission of the Indiana Supreme Court and then to the fedeal district and federal appellate courts. Fell flat. So very glad to read that some judges still beleive that evidentiary foundations matter.

  4. KUDOS to the Indiana Supreme Court for realizing that some bureacracies need to go to the stake. Recall what RWR said: "No government ever voluntarily reduces itself in size. Government programs, once launched, never disappear. Actually, a government bureau is the nearest thing to eternal life we'll ever see on this earth!" NOW ... what next to this rare and inspiring chopping block? Well, the Commission on Gender and Race (but not religion!?!) is way overdue. And some other Board's could be cut with a positive for State and the reputation of the Indiana judiciary.

  5. During a visit where an informant with police wears audio and video, does the video necessary have to show hand to hand transaction of money and narcotics?

ADVERTISEMENT