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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. The voices of the prophets are more on blogs than subway walls these days, Dawn. Here is the voice of one calling out in the wilderness ... against a corrupted judiciary ... that remains corrupt a decade and a half later ... due to, so sadly, the acquiescence of good judges unwilling to shake the forest ... for fear that is not faith .. http://www.ogdenonpolitics.com/2013/09/prof-alan-dershowitz-on-indiana.html

  2. So I purchased a vehicle cash from the lot on West Washington in Feb 2017. Since then I found it the vehicle had been declared a total loss and had sat in a salvage yard due to fire. My title does not show any of that. I also have had to put thousands of dollars into repairs because it was not a solid vehicle like they stated. I need to find out how to contact the lawyers on this lawsuit.

  3. It really doesn't matter what the law IS, if law enforcement refuses to take reports (or take them seriously), if courts refuse to allow unrepresented parties to speak (especially in Small Claims, which is supposedly "informal"). It doesn't matter what the law IS, if constituents are unable to make effective contact or receive any meaningful response from their representatives. Two of our pets were unnecessarily killed; court records reflect that I "abandoned" them. Not so; when I was denied one of them (and my possessions, which by court order I was supposed to be able to remove), I went directly to the court. And earlier, when I tried to have the DV PO extended (it expired while the subject was on probation for violating it), the court denied any extension. The result? Same problems, less than eight hours after expiration. Ironic that the county sheriff was charged (and later pleaded to) with intimidation, but none of his officers seemed interested or capable of taking such a report from a private citizen. When I learned from one officer what I needed to do, I forwarded audio and transcript of one occurrence and my call to law enforcement (before the statute of limitations expired) to the prosecutor's office. I didn't even receive an acknowledgement. Earlier, I'd gone in to the prosecutor's office and been told that the officer's (written) report didn't match what I said occurred. Since I had the audio, I can only say that I have very little faith in Indiana government or law enforcement.

  4. One can only wonder whether Mr. Kimmel was paid for his work by Mr. Burgh ... or whether that bill fell to the citizens of Indiana, many of whom cannot afford attorneys for important matters. It really doesn't take a judge(s) to know that "pavement" can be considered a deadly weapon. It only takes a brain and some education or thought. I'm glad to see the conviction was upheld although sorry to see that the asphalt could even be considered "an issue".

  5. In response to bryanjbrown: thank you for your comment. I am familiar with Paul Ogden (and applaud his assistance to Shirley Justice) and have read of Gary Welsh's (strange) death (and have visited his blog on many occasions). I am not familiar with you (yet). I lived in Kosciusko county, where the sheriff was just removed after pleading in what seems a very "sweetheart" deal. Unfortunately, something NEEDS to change since the attorneys won't (en masse) stand up for ethics (rather making a show to please the "rules" and apparently the judges). I read that many attorneys are underemployed. Seems wisdom would be to cull the herd and get rid of the rotting apples in practice and on the bench, for everyone's sake as well as justice. I'd like to file an attorney complaint, but I have little faith in anything (other than the most flagrant and obvious) resulting in action. My own belief is that if this was medicine, there'd be maimed and injured all over and the carnage caused by "the profession" would be difficult to hide. One can dream ... meanwhile, back to figuring out to file a pro se "motion to dismiss" as well as another court required paper that Indiana is so fond of providing NO resources for (unlike many other states, who don't automatically assume that citizens involved in the court process are scumbags) so that maybe I can get the family law attorney - whose work left me with no settlement, no possessions and resulted in the death of two pets (etc ad nauseum) - to stop abusing the proceedings supplemental and small claims rules and using it as a vehicle for harassment and apparently, amusement.

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