ILNews

Supreme Court upholds unemployment insurance decision

Back to TopCommentsE-mailPrintBookmark and Share

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.

 

ADVERTISEMENT

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
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. Good riddance to this dangerous activist judge

  2. What is the one thing the Hoosier legal status quo hates more than a whistleblower? A lawyer whistleblower taking on the system man to man. That must never be rewarded, must always, always, always be punished, lest the whole rotten tree be felled.

  3. I want to post this to keep this tread alive and hope more of David's former clients might come forward. In my case, this coward of a man represented me from June 2014 for a couple of months before I fired him. I knew something was wrong when he blatantly lied about what he had advised me in my contentious and unfortunate divorce trial. His impact on the proceedings cast a very long shadow and continues to impact me after a lengthy 19 month divorce. I would join a class action suit.

  4. The dispute in LB Indiana regarding lake front property rights is typical of most beach communities along our Great Lakes. Simply put, communication to non owners when visiting the lakefront would be beneficial. The Great Lakes are designated navigational waters (including shorelines). The high-water mark signifies the area one is able to navigate. This means you can walk, run, skip, etc. along the shores. You can't however loiter, camp, sunbath in front of someones property. Informational signs may be helpful to owners and visitors. Our Great Lakes are a treasure that should be enjoyed by all. PS We should all be concerned that the Long Beach, Indiana community is on septic systems.

  5. Dear Fan, let me help you correct the title to your post. "ACLU is [Left] most of the time" will render it accurate. Just google it if you doubt that I am, err, "right" about this: "By the mid-1930s, Roger Nash Baldwin had carved out a well-established reputation as America’s foremost civil libertarian. He was, at the same time, one of the nation’s leading figures in left-of-center circles. Founder and long time director of the American Civil Liberties Union, Baldwin was a firm Popular Fronter who believed that forces on the left side of the political spectrum should unite to ward off the threat posed by right-wing aggressors and to advance progressive causes. Baldwin’s expansive civil liberties perspective, coupled with his determined belief in the need for sweeping socioeconomic change, sometimes resulted in contradictory and controversial pronouncements. That made him something of a lightning rod for those who painted the ACLU with a red brush." http://www.harvardsquarelibrary.org/biographies/roger-baldwin-2/ "[George Soros underwrites the ACLU' which It supports open borders, has rushed to the defense of suspected terrorists and their abettors, and appointed former New Left terrorist Bernardine Dohrn to its Advisory Board." http://www.discoverthenetworks.org/viewSubCategory.asp?id=1237 "The creation of non-profit law firms ushered in an era of progressive public interest firms modeled after already established like the National Association for the Advancement of Colored People ("NAACP") and the American Civil Liberties Union ("ACLU") to advance progressive causes from the environmental protection to consumer advocacy." https://en.wikipedia.org/wiki/Cause_lawyering

ADVERTISEMENT