ILNews

High court takes vacation pay case

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The Indiana Supreme Court accepted one case for the week ending May 19 and denied transfer to eight others.

The justices granted transfer to Commissioner of Labor on the Relation of Stephen R. Shofstall, Edward C. Posey, and Deborah Posey v. Int'l Union of Painters and Allied Trades, AFL-CIO, CLC District Council 91, No. 49A02-1103-PL-263. In that case, three former employees of the International Union of Painters and Allied Trades claimed that they should have been paid for their accumulated, unused vacation time when their employment was terminated in 2008. The union’s business manager/secretary-treasurer denied the request, and the workers filed internal union charges in protest.

Indiana’s Court of Appeals concluded that the workers were entitled to payment for all unused, accrued vacation pay.

The court did not grant transfer for In Re the Marriage of: Kristen Leach v. Steven Leach, No. 39A01-1108-DR-332, a child custody dispute. Justices Steven David and Frank Sullivan would have granted transfer in that case.

Also denied transfer was Virginia Garwood, et al. v. Indiana Dept. of State Revenue, No. 82T10-0906-TA-29. In that case, the department of revenue had issued several jeopardy assessments against Virginia Garwood for failing to pay taxes on animals she sold. The Indiana Court of Appeals ruled that the department overstepped its bounds in order to shut down an alleged “puppy mill,” and ordered that the jeopardy assessments be voided.

 

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  1. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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