ILNews

Unemployment checks no longer part of summer break, COA rules

Back to TopCommentsE-mailPrintBookmark and Share

Finding that an addition to the state’s statute did not change the intent of the law, the Indiana Court of Appeals ruled that school bus drivers in Anderson were rightly denied their unemployment checks.

The Court of Appeals affirmed the denial of unemployment compensation in D.B., et al v. Review Board of the Indiana Department of Workforce Development, Department of Workforce Development and Anderson Transit System, Inc., 93A02-1301-EX-71.

For several years, school bus drivers, who are owners or employees of Anderson Transit, and contracted with Anderson Public Schools had been able to apply for and receive unemployment insurance during summer breaks.

However, at the end of the 2011-2012 school year, the Review Board of the Department of Workforce Development denied the applications on the grounds that changes to statutory language made the drivers ineligible for payments. In particular, the board found that the school system’s yearly summer break constituted a vacation and that the drivers had “reasonable assurance” their jobs would return when classes restarted, so they did not meet the requirements for unemployment compensation.

During legislative sessions in 2011 and 2012, the Indiana General Assembly added and amended Indiana Code 22-4-3-5 which dealt with the definition of unemployment.

The drivers argued, in part, that the board was construing the vacation provisions in the amended statute too broadly. They asserted that previous decisions from the Indiana Court of Appeals and the Indiana Supreme Court have held that unpaid shutdowns, like the one the drivers experienced every summer, was a layoff and therefore compensable under state law.

The Court of Appeals disagreed. It noted that even before the enactment of I.C. 22-4-3-5, Indiana law recognized that a mandatory vacation or shutdown did not entitle the employees to unemployment checks. Although the Legislature enacted a law that seemed to modify common law by statute, the appeals court stated it presumed the General Assembly was aware of the common law and did not intend to change it more than the new provisions allowed.
 

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

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. I was wondering about the 6 million put aside for common attorney fees?does that mean that if you are a plaintiff your attorney fees will be partially covered?

  2. My situation was hopeless me and my husband was on the verge of divorce. I was in a awful state and felt that I was not able to cope with life any longer. I found out about this great spell caster drlawrencespelltemple@hotmail.com and tried him. Well, he did return and now we are doing well again, more than ever before. Thank you so much Drlawrencespelltemple@hotmail.comi will forever be grateful to you Drlawrencespelltemple@hotmail.com

  3. I expressed my thought in the title, long as it was. I am shocked that there is ever immunity from accountability for ANY Government agency. That appears to violate every principle in the US Constitution, which exists to limit Government power and to ensure Government accountability. I don't know how many cases of legitimate child abuse exist, but in the few cases in which I knew the people involved, in every example an anonymous caller used DCS as their personal weapon to strike at innocent people over trivial disagreements that had no connection with any facts. Given that the system is vulnerable to abuse, and given the extreme harm any action by DCS causes to families, I would assume any degree of failure to comply with the smallest infraction of personal rights would result in mandatory review. Even one day of parent-child separation in the absence of reasonable cause for a felony arrest should result in severe penalties to those involved in the action. It appears to me, that like all bureaucracies, DCS is prone to interpret every case as legitimate. This is not an accusation against DCS. It is a statement about the nature of bureaucracies, and the need for ADDED scrutiny of all bureaucratic actions. Frankly, I question the constitutionality of bureaucracies in general, because their power is delegated, and therefore unaccountable. No Government action can be unaccountable if we want to avoid its eventual degeneration into irrelevance and lawlessness, and the law of the jungle. Our Constitution is the source of all Government power, and it is the contract that legitimizes all Government power. To the extent that its various protections against intrusion are set aside, so is the power afforded by that contract. Eventually overstepping the limits of power eliminates that power, as a law of nature. Even total tyranny eventually crumbles to nothing.

  4. Being dedicated to a genre keeps it alive until the masses catch up to the "trend." Kent and Bill are keepin' it LIVE!! Thank you gentlemen..you know your JAZZ.

  5. Hemp has very little THC which is needed to kill cancer cells! Growing cannabis plants for THC inside a hemp field will not work...where is the fear? From not really knowing about Cannabis and Hemp or just not listening to the people teaching you through testimonies and packets of info over the last few years! Wake up Hoosier law makers!

ADVERTISEMENT