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Supreme Court upholds unemployment insurance decision

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The Indiana Supreme Court has upheld an Indiana Department of Workforce Development decision denying a woman her claim for unemployment insurance benefits after she was terminated for being unable to perform the required skills of her job.

In Diane Recker v. Review Board of the Indiana Dept. of Workforce Development, and FedEx Trade Networks, No. 93S02-1105-EX-285, the court considered a case involving Diane Recker who worked for FedEx Trade Networks and was required to pass all necessary training in order to take the position. She was repeatedly unable to complete a portion of the training program’s driving test requiring her to back up on a serpentine course and into a parking space. She had to fly to Oklahoma for that test, and on the flight there her ears became “clogged” in a way she believed impacted her ability to successfully complete the test. After she failed to pass the test, FedEx gave Recker the option to resign immediately or take a 30-day unpaid leave of absence. She resigned immediately and sought unemployment insurance benefits but was denied because she voluntarily left her job and did so without good cause. On appeal, an administrative law judge determined that she did not leave voluntarily but wasn’t entitled to benefits because she breached a duty owed to her employer and that justified her termination.

The unanimous court upheld the board’s decision that she was reasonably discharged because of the breach of duty. Using its rationale from Giovanoni v. Review Bd. of Ind. Dept of Workforce Dev., 927 N.E.2d 906, 908-12 (Ind. 2010), the court determined she had “some control” in performing the driving test, and the board didn’t find her clogged-ear defense was significant enough. This wasn’t a demonstrable impediment, and it was reasonable for the board to find that Recker was discharged for just cause and ineligible for benefits, the court ruled.

A footnote in the opinion delves into another topic that has been an issue before the state’s appellate courts – confidential names of parties being used in case names. The court of appeals has disagreed on that issue, and in a lengthy footnote Justice Brent Dickson wrote that information is to be excluded from public access only when requested by a party or person affected by the release of information. That didn’t happen here, so Recker’s name can be used in the appellate court documents.

 

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  1. Someone off their meds? C'mon John, it is called the politics of Empire. Get with the program, will ya? How can we build one world under secularist ideals without breaking a few eggs? Of course, once it is fully built, is the American public who will feel the deadly grip of the velvet glove. One cannot lay down with dogs without getting fleas. The cup of wrath is nearly full, John Smith, nearly full. Oops, there I go, almost sounding as alarmist as Smith. Guess he and I both need to listen to this again: https://www.youtube.com/watch?v=CRnQ65J02XA

  2. Charles Rice was one of the greatest of the so-called great generation in America. I was privileged to count him among my mentors. He stood firm for Christ and Christ's Church in the Spirit of Thomas More, always quick to be a good servant of the King, but always God's first. I had Rice come speak to 700 in Fort Wayne as Obama took office. Rice was concerned that this rise of aggressive secularism and militant Islam were dual threats to Christendom,er, please forgive, I meant to say "Western Civilization". RIP Charlie. You are safe at home.

  3. It's a big fat black mark against the US that they radicalized a lot of these Afghan jihadis in the 80s to fight the soviets and then when they predictably got around to biting the hand that fed them, the US had to invade their homelands, install a bunch of corrupt drug kingpins and kleptocrats, take these guys and torture the hell out of them. Why for example did the US have to sodomize them? Dubya said "they hate us for our freedoms!" Here, try some of that freedom whether you like it or not!!! Now they got even more reasons to hate us-- lets just keep bombing the crap out of their populations, installing more puppet regimes, arming one faction against another, etc etc etc.... the US is becoming a monster. No wonder they hate us. Here's my modest recommendation. How about we follow "Just War" theory in the future. St Augustine had it right. How about we treat these obvious prisoners of war according to the Geneva convention instead of torturing them in sadistic and perverted ways.

  4. As usual, John is "spot-on." The subtle but poignant points he makes are numerous and warrant reflection by mediators and users. Oh but were it so simple.

  5. ACLU. Way to step up against the police state. I see a lot of things from the ACLU I don't like but this one is a gold star in its column.... instead of fighting it the authorities should apologize and back off.

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