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Judges: early retirement ends unemployment benefits

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The Indiana Court of Appeals affirmed the termination of unemployment benefits for an auto worker who accepted an early retirement package after she was laid off.

S.A. worked at Daimler Chrysler from 1999 until February 2008 when she was laid off. Chrysler still paid her some wages and she also received unemployment benefits. S.A. eventually accepted an early retirement package and no longer was an employee in May 2009.

Shortly thereafter, her unemployment benefits were suspended because a claims deputy determined she voluntarily left Chrysler without good cause in connection with the work. An administrative law judge and the Board of Review of the Indiana Department of Workforce Development also concluded that S.A. was ineligible to continue receiving benefits.

In S.A. v. Review Board, No. 93A02-1004-EX-568, S.A. argued that the board erred in determining she left her job without good cause in connection to the work. She claimed she felt pressure to retire because her benefits were running out and she was told there was no chance of her getting back to work and she needed the insurance the retirement would offer.

She also argued that she had been receiving unemployment benefits for 15 months before she took the retirement package and she was already unemployed at the time and accepting the package didn’t change her status.

The appellate court affirmed the board’s decision, finding it properly cited Indiana Code Section 22-4-14-1(c). That section says it does not apply “to a person who elects to retire in connection with a layoff or plant closure and receive pension, retirement, or annuity payments.”

The judges found her case to be similar to York v. Review Board of the Indiana Employment Security Division, 425 N.E.2d 707, 711 (Ind. Ct. App. 1981), in which the appellate court held an employee who accepted an early retirement package left his job without good cause in connection with the work. York argued he was forced to retire and by taking the retirement agreement, he had merely mitigated his economic losses.

“Although York predates the addition of subsection (c), we agree with its reasoning; therefore, we affirm the Board’s decision,” wrote Judge Terry Crone.

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  1. It appears the police and prosecutors are allowed to change the rules halfway through the game to suit themselves. I am surprised that the congress has not yet eliminated the right to a trial in cases involving any type of forensic evidence. That would suit their foolish law and order police state views. I say we eliminate the statute of limitations for crimes committed by members of congress and other government employees. Of course they would never do that. They are all corrupt cowards!!!

  2. Poor Judge Brown probably thought that by slavishly serving the godz of the age her violations of 18th century concepts like due process and the rule of law would be overlooked. Mayhaps she was merely a Judge ahead of her time?

  3. in a lawyer discipline case Judge Brown, now removed, was presiding over a hearing about a lawyer accused of the supposedly heinous ethical violation of saying the words "Illegal immigrant." (IN re Barker) http://www.in.gov/judiciary/files/order-discipline-2013-55S00-1008-DI-429.pdf .... I wonder if when we compare the egregious violations of due process by Judge Brown, to her chiding of another lawyer for politically incorrectness, if there are any conclusions to be drawn about what kind of person, what kind of judge, what kind of apparatchik, is busy implementing the agenda of political correctness and making off-limits legit advocacy about an adverse party in a suit whose illegal alien status is relevant? I am just asking the question, the reader can make own conclsuion. Oh wait-- did I use the wrong adjective-- let me rephrase that, um undocumented alien?

  4. of course the bigger questions of whether or not the people want to pay for ANY bussing is off limits, due to the Supreme Court protecting the people from DEMOCRACY. Several decades hence from desegregation and bussing plans and we STILL need to be taking all this taxpayer money to combat mostly-imagined "discrimination" in the most obviously failed social program of the postwar period.

  5. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

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