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Judges reverse grant of unemployment benefits

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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 App. 1989), on which Scheidell relied for his argument, is no longer applicable when an employee defends his behavior against a stated offense by admitting another terminable one.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.

 

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  1. Indianapolis employers harassment among minorities AFRICAN Americans needs to be discussed the metro Indianapolis area is horrible when it comes to harassing African American employees especially in the local healthcare facilities. Racially profiling in the workplace is an major issue. Please make it better because I'm many civil rights leaders would come here and justify that Indiana is a state the WORKS only applies to Caucasian Americans especially in Hamilton county. Indiana targets African Americans in the workplace so when governor pence is trying to convince people to vote for him this would be awesome publicity for the Presidency Elections.

  2. Wishing Mary Willis only God's best, and superhuman strength, as she attempts to right a ship that too often strays far off course. May she never suffer this personal affect, as some do who attempt to change a broken system: https://www.youtube.com/watch?v=QojajMsd2nE

  3. Indiana's seatbelt law is not punishable as a crime. It is an infraction. Apparently some of our Circuit judges have deemed settled law inapplicable if it fails to fit their litmus test of political correctness. Extrapolating to redefine terms of behavior in a violation of immigration law to the entire body of criminal law leaves a smorgasbord of opportunity for judicial mischief.

  4. I wonder if $10 diversions for failure to wear seat belts are considered moral turpitude in federal immigration law like they are under Indiana law? Anyone know?

  5. What a fine article, thank you! I can testify firsthand and by detailed legal reports (at end of this note) as to the dire consequences of rejecting this truth from the fine article above: "The inclusion and expansion of this right [to jury] in Indiana’s Constitution is a clear reflection of our state’s intention to emphasize the importance of every Hoosier’s right to make their case in front of a jury of their peers." Over $20? Every Hoosier? Well then how about when your very vocation is on the line? How about instead of a jury of peers, one faces a bevy of political appointees, mini-czars, who care less about due process of the law than the real czars did? Instead of trial by jury, trial by ideological ordeal run by Orwellian agents? Well that is built into more than a few administrative law committees of the Ind S.Ct., and it is now being weaponized, as is revealed in articles posted at this ezine, to root out post moderns heresies like refusal to stand and pledge allegiance to all things politically correct. My career was burned at the stake for not so saluting, but I think I was just one of the early logs. Due, at least in part, to the removal of the jury from bar admission and bar discipline cases, many more fires will soon be lit. Perhaps one awaits you, dear heretic? Oh, at that Ind. article 12 plank about a remedy at law for every damage done ... ah, well, the founders evidently meant only for those damages done not by the government itself, rabid statists that they were. (Yes, that was sarcasm.) My written reports available here: Denied petition for cert (this time around): http://tinyurl.com/zdmawmw Denied petition for cert (from the 2009 denial and five year banishment): http://tinyurl.com/zcypybh Related, not written by me: Amicus brief: http://tinyurl.com/hvh7qgp

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