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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. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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