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Judges: employee discharged for just cause

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The Indiana Court of Appeals reversed the finding by an administrative law judge and the Indiana Department of Workforce Development that an employee of a funeral home was fired for just cause.

Seabrook Dieckmann & Naville appealed the decision by the DWD’s review board regarding employee Monica Hilbert. Hilbert worked full time as a clerical worker for the funeral home for nearly four years. She was discharged in December 2010 for poor work performance and unprofessional conduct. Hilbert then sought unemployment benefits, which the ALJ and review board ultimately granted, finding she was not fired for just cause.

The Court of Appeals disagreed, citing evidence and testimony showing Hilbert’s poor attitude toward other employees, that she was rude to clients and vendors, made several clerical mistakes that caused the company to spend extra money to reprint materials, and would leave work early without approval.

The funeral home warned Hilbert that if she wasn’t going to perform her work, then she would be terminated.

The judges found the funeral home showed that Hilbert breached a duty in connection with work which was reasonably owed to her employer, and that her conduct was of such a nature that a reasonable employee would understand that the conduct was a violation of a duty owed to the funeral home, Judge Elaine Brown wrote in Seabrook, Dieckmann & Naville, Inc. v. Review Board of the Indiana Dept. of Workforce Development and Monica Hilbert, 93A02-1202-EX-100.

 

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  1. For many years this young man was "family" being my cousin's son. Then he decided to ignore my existence and that of my daughter who was very hurt by his actions after growing up admiring, Jason. Glad he is doing well, as for his opinion, if you care so much you wouldn't ignore the feelings of those who cared so much about you for years, Jason.

  2. Good riddance to this dangerous activist judge

  3. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  4. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  5. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

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