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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. Based on several recent Indy Star articles, I would agree that being a case worker would be really hard. You would see the worst of humanity on a daily basis; and when things go wrong guess who gets blamed??!! Not biological parent!! Best of luck to those who entered that line of work.

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  4. Law school is social control the goal to produce a social product. As such it began after the Revolution and has nearly ruined us to this day: "“Scarcely any political question arises in the United States which is not resolved, sooner or later, into a judicial question. Hence all parties are obliged to borrow, in their daily controversies, the ideas, and even the language, peculiar to judicial proceedings. As most public men [i.e., politicians] are, or have been, legal practitioners, they introduce the customs and technicalities of their profession into the management of public affairs. The jury extends this habitude to all classes. The language of the law thus becomes, in some measure, a vulgar tongue; the spirit of the law, which is produced in the schools and courts of justice, gradually penetrates beyond their walls into the bosom of society, where it descends to the lowest classes, so that at last the whole people contract the habits and the tastes of the judicial magistrate.” ? Alexis de Tocqueville, Democracy in America

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