ILNews

Judges split in termination ruling

Back to TopCommentsE-mailPrintBookmark and Share

In an opinion involving whether a worker was fired for just cause after multiple excused absences, the majority acknowledged the split in the Indiana Court of Appeals regarding the reasonableness of "no-fault" attendance policies.

In Lisa M. Beckingham v. Review Board of the Indiana Department of Workforce Development and Cenveo Corp., No. 93A02-0808-EX-771, Lisa Beckingham appealed the Unemployment Insurance Review Board's denial of her application for unemployment benefits. The board affirmed the administrative law judge's finding she had been fired for just cause for violating Cenveo's attendance policy. Cenveo has an excuse-based policy and the company handbook provided that an employee can be fired for excessive excused absences or tardiness within a one-year period. Beckingham had 14 ½ excused absences within one year.

On appeal, she argued the board improperly determined Cenveo fired her for just cause, that the board should have used Indiana Code Section 22-4-15-1-(d)(3) instead of (d)(2) to rule whether she was terminated for just cause, and the company's attendance policy is unreasonable because it subjected her to termination regardless of her reason for absences.

The appellate court addressed the issue of "no-fault" attendance policies in the Jan. 29, 2009, opinion John D. Giovanoni II v. Review Board of the Indiana Dept. of Workforce Development and Clarian Health Partners, Inc., No. 93A02-0806-EX-545. The majority in that case ruled Love v. Heritage House Convalescent Center, 463 N.E.2d. 478, 482 (Ind. Ct. App. 1983), provided a more sound model for determining eligibility for unemployment benefits when the employee is fired for attendance issues.

But in the instant case, Senior Judge George Hoffman Jr. and Judge Carr Darden held the reasoning set forth in Jeffboat, Inc. v. Review Board of Indiana Employment Security Decision, 464 N.E.2d 377 (Ind. Ct. App. 1984), and Beene v. Review Board of the Indiana Department of Employment and Training Services, 528 N.E.2d 842 (Ind. Ct. App. 1988), is the better rationale for determining the reasonableness of an employer's attendance policy. The majority affirmed Beckingham was discharged for just cause under section (d)(2) and that that I.C. Section 22-4-15-1(d) is disjunctive and an attendance issue may be analyzed under section (d)(2) or section (d)(3).

Judge Edward Najam dissented, voting to reverse the board's determination of Beckingham's claims and remand with instructions it consider her claim under (d)(3). Judge Najam wrote he would follow the reasoning of the majority in Giovanoni that termination for unsatisfactory attendance must be analyzed solely under section (d)(3).

The Review Board of the Department of Workforce Development filed a rehearing request in the Giovanoni case March 2.

ADVERTISEMENT

  • Politics...
    It seems to me .. the Judge I went before , seemed determined to rule in favor of the Employer from the get go.. I thought this was showing extreme bias.... Politics... Its like they are in a number crunch to as to not pay benefits to employees... Just Saying...

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

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. From the MCBA: “This situation is not just about the death of Michael Brown, but the thousands of other African-Americans who are disproportionately targeted and killed by police officers.” The association said it was “saddened and disappointed” by the decision not to indict Ferguson police officer. HOPING that the MCBA will denouce the execution style killig of two NYC police officers this day, seemingly the act of one who likewise believes that the police are targeting blacks for murder and getting away with it. http://www.mediaite.com/online/two-nypd-cops-fatally-shot-in-ambush-in-brooklyn/ Pray this violence soon ends, and pray it stays far away from Indiana.

  2. "Am I bugging you? I don't mean to bug ya." If what I wrote below is too much social philosophy for Indiana attorneys, just take ten this vacay to watch The Lego Movie with kiddies and sing along where appropriate: https://www.youtube.com/watch?v=etzMjoH0rJw

  3. I've got some free speech to share here about who is at work via the cat's paw of the ACLU stamping out Christian observances.... 2 Thessalonians chap 2: "And we also thank God continually because, when you received the word of God, which you heard from us, you accepted it not as a human word, but as it actually is, the word of God, which is indeed at work in you who believe. For you, brothers and sisters, became imitators of God’s churches in Judea, which are in Christ Jesus: You suffered from your own people the same things those churches suffered from the Jews who killed the Lord Jesus and the prophets and also drove us out. They displease God and are hostile to everyone in their effort to keep us from speaking to the Gentiles so that they may be saved. In this way they always heap up their sins to the limit. The wrath of God has come upon them at last."

  4. Did someone not tell people who have access to the Chevy Volts that it has a gas engine and will run just like a normal car? The batteries give the Volt approximately a 40 mile range, but after that the gas engine will propel the vehicle either directly through the transmission like any other car, or gas engine recharges the batteries depending on the conditions.

  5. Catholic, Lutheran, even the Baptists nuzzling the wolf! http://www.judicialwatch.org/press-room/press-releases/judicial-watch-documents-reveal-obama-hhs-paid-baptist-children-family-services-182129786-four-months-housing-illegal-alien-children/ YET where is the Progressivist outcry? Silent. I wonder why?

ADVERTISEMENT