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Justices dissent on denying transfer in wage payment case

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Two Indiana Supreme Court justices disagreed with their colleagues about not taking a case on the state’s wage payment statute, issuing a dissent that described how they believe the justices should clear up perceived uncertainty about whether the law can be applied to certain claims before the Indiana Department of Labor.

Justice Frank Sullivan wrote a four-page dissent in the case of Anna Quimby v. Becovic Management Group Inc., No. 49A05-0912-CV-747, which the Court of Appeals decided March 8, 2011. Justice Robert Rucker joined Sullivan in wanting to accept the case, but Chief Justice Randall Shepard and Justices Brent Dickson and Steven David concurred in denying transfer.

Anna Quimby appealed the dismissal of her wage claim against Becovic Management Group in May 2008. She wrote in her application for the wage claim that the company owed her $787.31 for vacation and hours worked, and that she was assigning all her rights to the labor commissioner pursuant to Indiana Code 22-2-9-5. The DOL investigated and determined she should receive $590.39, and Quimby in 2009 brought an action in Marion Superior Court under the state’s wage payment statute, Indiana Code 22-2-2. Superior Judge Theodore Sosin dismissed her action.

In its ruling last year, the Court of Appeals held that because Quimby had assigned her wage claim to the Department of Labor where it was eventually resolved, she could not bring the action in court, and the trial judge was correct in dismissing her claim. The appellate panel refused to hold an employee is able to bring a claim before the DOL and then later bring the same claim in court if the employee is dissatisfied with the administrative result.

Arguing for transfer, Quimby said that she could not have assigned her claim to the DOL because the state agency is only authorized by state statute to take assignment claims under the Wage Claims Statute, not the Wage Payment Statute that her claim involved.

Sullivan said the statutes and administrative procedures aren’t clear about assigning these types of claims. He wrote that the plain language of I.C. 22-2-9-5 suggests the DOL may take by assignment claims like Quimby’s, or that it’s not prohibited from doing so, but that the Wage Claims Statute suggests that assignment may be limited to only those claims.

“There are likely many other claimants in Quimby’s position – claimants that do not have to but nevertheless seek the DOL’s assistance with their wage disputes,” Sullivan wrote. “Because the Court has decided not to grant transfer, I urge the DOL to examine this question and if it agrees with the Court of Appeals that in such circumstances it takes these claims by assignment, to revise its documents to make that clear to both the employee and employer, or if it concludes contrary to the decision of the Court of Appeals that it does not take these claims by assignment, to revise its form to remove this language.”

 

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  1. Call it unauthorized law if you must, a regulatory wrong, but it was fraud and theft well beyond that, a seeming crime! "In three specific cases, the hearing officer found that Westerfield did little to no work for her clients but only issued a partial refund or no refund at all." That is theft by deception, folks. "In its decision to suspend Westerfield, the Supreme Court noted that she already had a long disciplinary history dating back to 1996 and had previously been suspended in 2004 and indefinitely suspended in 2005. She was reinstated in 2009 after finally giving the commission a response to the grievance for which she was suspended in 2004." WOW -- was the Indiana Supreme Court complicit in her fraud? Talk about being on notice of a real bad actor .... "Further, the justices noted that during her testimony, Westerfield was “disingenuous and evasive” about her relationship with Tope and attempted to distance herself from him. They also wrote that other aggravating factors existed in Westerfield’s case, such as her lack of remorse." WOW, and yet she only got 18 months on the bench, and if she shows up and cries for them in a year and a half, and pays money to JLAP for group therapy ... back in to ride roughshod over hapless clients (or are they "marks") once again! Aint Hoosier lawyering a great money making adventure!!! Just live for the bucks, even if filthy lucre, and come out a-ok. ME on the other hand??? Lifetime banishment for blowing the whistle on unconstitutional governance. Yes, had I ripped off clients or had ANY disciplinary history for doing that I would have fared better, most likely, as that it would have revealed me motivated by Mammon and not Faith. Check it out if you doubt my reading of this, compare and contrast the above 18 months with my lifetime banishment from court, see appendix for Bar Examiners report which the ISC adopted without substantive review: https://www.scribd.com/doc/299040839/2016Petitionforcert-to-SCOTUS

  2. Wow, over a quarter million dollars? That is a a lot of commissary money! Over what time frame? Years I would guess. Anyone ever try to blow the whistle? Probably not, since most Hoosiers who take notice of such things realize that Hoosier whistleblowers are almost always pilloried. If someone did blow the whistle, they were likely fired. The persecution of whistleblowers is a sure sign of far too much government corruption. Details of my own personal experience at the top of Hoosier governance available upon request ... maybe a "fake news" media outlet will have the courage to tell the stories of Hoosier whistleblowers that the "real" Hoosier media (cough) will not deign to touch. (They are part of the problem.)

  3. So if I am reading it right, only if and when African American college students agree to receive checks labeling them as "Negroes" do they receive aid from the UNCF or the Quaker's Educational Fund? In other words, to borrow from the Indiana Appellate Court, "the [nonprofit] supposed to be [their] advocate, refers to [students] in a racially offensive manner. While there is no evidence that [the nonprofits] intended harm to [African American students], the harm was nonetheless inflicted. [Black students are] presented to [academia and future employers] in a racially offensive manner. For these reasons, [such] performance [is] deficient and also prejudice[ial]." Maybe even DEPLORABLE???

  4. I'm the poor soul who spent over 10 years in prison with many many other prisoners trying to kill me for being charged with a sex offense THAT I DID NOT COMMIT i was in jail for a battery charge for helping a friend leave a boyfriend who beat her I've been saying for over 28 years that i did not and would never hurt a child like that mine or anybody's child but NOBODY wants to believe that i might not be guilty of this horrible crime or think that when i say that ALL the paperwork concerning my conviction has strangely DISAPPEARED or even when the long beach judge re-sentenced me over 14 months on a already filed plea bargain out of another districts court then had it filed under a fake name so i could not find while trying to fight my conviction on appeal in a nut shell people are ALWAYS quick to believe the worst about some one well I DID NOT HURT ANY CHILD EVER IN MY LIFE AND HAVE SAID THIS FOR ALMOST 30 YEARS please if anybody can me get some kind of justice it would be greatly appreciated respectfully written wrongly accused Brian Valenti

  5. A high ranking Indiana supreme Court operative caught red handed leading a group using the uber offensive N word! She must denounce or be denounced! (Or not since she is an insider ... rules do not apply to them). Evidence here: http://m.indianacompanies.us/friends-educational-fund-for-negroes.364110.company.v2#top_info

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