ILNews

Judges reverse grant of unemployment benefits

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Court of Appeals has held that if an employee’s explanation for the behavior that led to his termination is another terminable offense, that provides just cause for termination. As a result, the judges reversed the decision to grant a fired man unemployment benefits.

In Alebro, LLC v. Review Board of the Indiana Department of Workforce Development and Jason Scheidell, No. 93A02-1110-EX-970, Alebro, which is a retail seller of salt, appealed the grant of unemployment benefits to terminated employee Jason Scheidell. Scheidell worked for the company for seven years and during that time, some of the company’s salt had been missing. The company learned in 2011 that Scheidell had approached a customer offering to sell him the same salt at a cheaper price. He conducted the sale at Alebro’s property.

Scheidell was fired for theft, but because Alebro didn’t follow proper procedure to admit evidence of the theft, Scheidell was able to rebut the theft allegation. He claimed he did not steal the salt, but just breached his duty of loyalty by selling salt on company property at a lower price. This is also a terminable offense.

The COA concluded that Scheidell is ineligible for benefits because he attempted to rebut the allegation that he stole from Alebro by admitting instead that he only breached his duty of loyalty by selling salt on the company’s property for cheaper than Alebro did, another terminable offense. The judges rejected Scheidell’s argument that their review is limited only to the theft charges. The appellate court decided that the reasoning of Voss v. Review Board of Dept. of Emp’t and Training Servs., 533 N.E.2d 1020, 1021 (Ind. Ct. App. 1989), on which Scheidell relied for his argument, is no longer applicable when an employee defends his behavior against a stated offense by admitting another terminable one.

“He no longer requires the protection of fair notice because he is the one setting forth the allegations of his terminable offenses, not his employer. To do otherwise would allow an employee to turn the shield of Voss into a sword, using his own terminable offenses to obtain undeserved unemployment benefits. This would turn Voss on its head and accomplish the opposite of what the holding in Voss is designed to do,” wrote Judge Nancy Vaidik.

Judge Terry Crone concurred with a separate opinion in which he wrote about why he believes initials should be used in these types of cases instead of identifying the parties.

 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. From his recent appearance on WRTV to this story here, Frank is everywhere. Couldn't happen to a nicer guy, although he should stop using Eric Schnauffer for his 7th Circuit briefs. They're not THAT hard.

  2. They learn our language prior to coming here. My grandparents who came over on the boat, had to learn English and become familiarize with Americas customs and culture. They are in our land now, speak ENGLISH!!

  3. @ Rebecca D Fell, I am very sorry for your loss. I think it gives the family solace and a bit of closure to go to a road side memorial. Those that oppose them probably did not experience the loss of a child or a loved one.

  4. If it were your child that died maybe you'd be more understanding. Most of us don't have graves to visit. My son was killed on a state road and I will be putting up a memorial where he died. It gives us a sense of peace to be at the location he took his last breath. Some people should be more understanding of that.

  5. Can we please take notice of the connection between the declining state of families across the United States and the RISE OF CPS INVOLVEMENT??? They call themselves "advocates" for "children's rights", however, statistics show those children whom are taken from, even NEGLIGENT homes are LESS likely to become successful, independent adults!!! Not to mention the undeniable lack of respect and lack of responsibility of the children being raised today vs the way we were raised 20 years ago, when families still existed. I was born in 1981 and I didn't even ever hear the term "CPS", in fact, I didn't even know they existed until about ten years ago... Now our children have disagreements between friends and they actually THREATEN EACH OTHER WITH, "I'll call CPS" or "I'll have [my parent] (usually singular) call CPS"!!!! And the truth is, no parent is perfect and we all have flaws and make mistakes, but it is RIGHTFULLY OURS - BY THE CONSTITUTION OF THIS GREAT NATION - to be imperfect. Let's take a good look at what kind of parenting those that are stealing our children are doing, what kind of adults are they producing? WHAT ACTUALLY HAPPENS TO THE CHILDREN THAT HAVE BEEN RIPPED FROM THEIR FAMILY AND THAT CHILD'S SUCCESS - or otherwise - AS AN ADULT.....

ADVERTISEMENT