Justices rule on unemployment benefit cases

Michael W. Hoskins
June 2, 2010
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The Indiana Supreme Court says an employer isn’t allowed to deny someone unemployment benefits if they are fired for absenteeism that’s beyond their control without considering that worker’s overall conduct and attendance.

But that holding only applies to actions undertaken prior to last year’s revisions to the Indiana Unemployment Compensation Act. Revisions lawmakers made last year effectively allow employers to discharge someone who knowingly violates a no-fault attendance policy, whether it’s their fault or not.

Issuing a decision late Tuesday in John D. Giovanoni II v. Review Board of the Indiana Department of Workforce Development and Clarian Health Partners, No. 93S02-0907-EX-311, the justices reversed a decision by the state review board. A second opinion in the case of Lisa M. Beckingham v. Review Board of the Indiana Department of Workforce Development and Cenveo Corporation, No. 93S02-0907-EX-308, applied the same holding and reversed the decision, but remanded it for additional fact-finding as it wasn’t as clear as the Giovanoni case. Justice Frank Sullivan authored both.

Both Beckingham and Giovanoni were fired from their jobs as a result of multiple excused absences, and the review board determined both weren’t eligible to receive unemployment benefits because the employer “no-fault” attendance policies were valid and enforced.

On appeal, a divided Court of Appeals panel last year in Giovanoni ruled that the man wasn’t discharged for just cause and should have received benefits – holding that precedent from 1984 provided a sounder model for determining eligibility for unemployment benefits when the employee is fired for attendance issues. Judge Elaine Brown dissented. In Beckingham, an appellate panel majority affirmed her dismissal but Judge Edward Najam dissented and said he would have followed the reasoning in Giovanoni.

Analyzing the conflicting appellate caselaw on this issue and interpreting state law, the justices also looked to how other states handle this no-fault attendance policy issue. Specifically, the high court relied on the legislative language that says the act should “provide for payment of benefits to persons unemployed through no fault of their own.”

“Thus, the law will not countenance the denial of unemployment compensation under a ‘no-fault’ attendance policy unless a determination is made for just cause in a way that gives full power and effect to the Legislature’s intent,” Justice Sullivan wrote. “And just cause, as it relates to absenteeism, demands an individualized analysis of whether the employee violated the policy through no fault of his or her own.”

Justice Brent Dickson wrote a concurring opinion in Giovanoni and Chief Justice Randall T. Shepard joined him in clarifying that this holding doesn’t apply to the General Assembly’s revisions of state statute last year. They expressed a concern that it could be interpreted to apply to all of the cases, regardless of the changes and despite a majority footnote recognizing that point.

“While footnote 3 in today’s opinion declares ‘We express no opinion as to the statute as amended,’ I am concerned that readers may nevertheless mistakenly apply the majority’s reasoning to future cases construing the 2009 amendments,” he wrote. “These recent changes clearly express the legislature’s intention to include within ‘Discharge for just cause’ a discharge for a knowing violation of a proper attendance rule that includes the application to absences without employee fault. While prior law, applicable here to Giovanoni, precludes a no-fault attendance policy, such result will not be required under current law.”

Justice Dickson dissented in Beckingham, believing the Court of Appeals was correct in affirming the review board’s determination that she was discharged for just cause and not entitled to unemployment benefits.


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  1. I have an open CHINS case I failed a urine screen I have since got clean completed IOP classes now in after care passed home inspection my x sister in law has my children I still don't even have unsupervised when I have been clean for over 4 months my x sister wants to keep the lids for good n has my case working with her I just discovered n have proof that at one of my hearing dcs case worker stated in court to the judge that a screen was dirty which caused me not to have unsupervised this was at the beginning two weeks after my initial screen I thought the weed could have still been in my system was upset because they were suppose to check levels n see if it was going down since this was only a few weeks after initial instead they said dirty I recently requested all of my screens from redwood because I take prescriptions that will show up n I was having my doctor look at levels to verify that matched what I was prescripted because dcs case worker accused me of abuseing when I got my screens I found out that screen I took that dcs case worker stated in court to judge that caused me to not get granted unsupervised was actually negative what can I do about this this is a serious issue saying a parent failed a screen in court to judge when they didn't please advise

  2. I have a degree at law, recent MS in regulatory studies. Licensed in KS, admitted b4 S& 7th circuit, but not to Indiana bar due to political correctness. Blacklisted, nearly unemployable due to hostile state action. Big Idea: Headwinds can overcome, esp for those not within the contours of the bell curve, the Lego Movie happiness set forth above. That said, even without the blacklisting for holding ideas unacceptable to the Glorious State, I think the idea presented above that a law degree open many vistas other than being a galley slave to elitist lawyers is pretty much laughable. (Did the law professors of Indiana pay for this to be published?)

  3. Paul Hartman of Burbank, Oh who is helping Sister Fuller with this Con Artist Kevin Bart McCarthy scares Sister Joseph Therese, Patricia Ann Fuller very much that McCarthy will try and hurt Patricia Ann Fuller and Paul Hartman of Burbank, Oh or any member of his family. Sister is very, very scared, (YES, I AM) This McCarthy guy is a real, real CON MAN and crook. I try to totall flatter Kevin Bart McCARTHY to keep him from hurting my best friends in this world which are Carolyn Rose and Paul Hartman. I Live in total fear of this man Kevin Bart McCarthy and try to praise him as a good man to keep us ALL from his bad deeds. This man could easy have some one cause us a very bad disability. You have to PRAISAE in order TO PROTECT yourself. He lies and makes up stories about people and then tries to steal if THEY OWN THRU THE COURTS A SPECIAL DEVOTION TO PROTECT, EX> Our Lady of America DEVOTION. EVERYONE who reads this, PLEASE BE CAREFUL of Kevin Bart McCarthy of Indianapolis, IN My Phone No. IS 419-435-3838.

  4. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  5. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.