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Indiana Unemployment Case Law
These cases are from the Indiana Judiciary Server
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The hearing was postponed. He did not receive the notice telling him when it was rescheduled.
Anderson Pontiac
One dealership bought substantially all of another dealer. Therefore, they are liable for s successor tax rate.
Though not forbidden by law, you cannot collect both disability and unemployment at the same time.
She forgot the key to hert toolbox. She called a friend who brought it to her. But her friend stayed and visited. The fired her because visitors are prohibited.
The school board got a letter from a woman who said a male teacher had sex with her husband years ago when he was a student. They also had a letter from the husband himself. They held a hearing. The teacher did not want a lawyer. He did not object to the evidence. But the court says the letters were hearsay. The teacher collects.
The factory closed down for a three week holiday, from before Christmas until mid-January. They paid everyone holiday pay. But the court says they also collect Unemployment, because the holiday pay wasn't paid to them until after they came back.
Browning Ferris
The unemployment agency wants to give him benefits because BFI's drug policy is stricter than federal standards. The court disagrees.
The employer asked for a hearing, but did not show; so they lost. The employer asked for another hearing, but there's nothing in the record to show why it was granted. The employee asked to postpone the second hearing because she was training for a new job. She never got an answer, missed the hearing, and lost. Now she asks this court, why did the employer get a new hearing for no good reason while I couldn't even get an answer?
He refused to do a task. He thought it should be a two man job. The boss told him to turn in his badge. He did, and left. They say he quit. He says he was fired.
Sometimes she was absent. Sometimes she left early. She never notified the employer where she would be.
Thirteen temporary employees quit the temp agency to take permanent jobs with the company to which the temp agency had assigned them. Later, the company laid them off. The temp agency gets the benefit charges for their unemployment.
Volunteered for a layoff.
The referee botched the hearing because he did not help the claimant out.
She quit to avoid getting fired.
Fired from the fire department when arrested for domestic violence off duty.
A striking union goon assaulted a mother and her four year old boy as they left the plant.
"...litigants who choose to proceed pro se" (in plain English, if you represent yourself instead of hiring a lawyer) " will be held to the same rules of procedure as trained legal counsel and must be prepared to accept the consequences of their actions.".
His appeal was late. He says it was his lawyer's fault. It's still late.
A casino dealer was fired because two players cheated at his table and he did nothing to stop them.
He worked for the state; he also owned a gas station. He refueled the state vehicle at his gas station,
A catering company wants to avoid paying unemployment taxes on the chefs and servers they employ. They claim these are independent contractors. This type of tactic has been tried a thousand time; and almost never works.
KBI, Inc
He took five dollars worth of buns. He says they were damaged, and so they were headed for the trash can anyway. The bakery says they weren't. The bakery fired him. They had a clear policy, clearly posted, which he was aware of. He admits he took the buns. But the court says he gets Unemployment because he didn't admit he stole them, he just admitted he took them.
Kentucky Truck
A delivery driver refused to take a delivery. The state unemployment agency wants to pay her because nobody ever told her she'd be fired from her delivery job if she refused to deliver. The court says that's assumed.
The Department mailed a hearing notice, and therefore it presumes the parties received it. But the employer says they never got the notice. The Department's presumption is not evidence.
La Fief
Even though he had taught at the University for years, he was still on a probationary contract. So he was not fired; it's just that his contract was not renewed.
He worked in a lumberyard and drove their delivery truck. After three small accidents, they took him off the road. He quit.
When her little daughter was hurt in a car wreck, she took a long leave, in order to take the child to physical therapy. Personnel hadn't given her permission, so they fired her. The court says she does not collect.
Three janitors gave their time cards to a fourth, and left. The one who stayed was found waiting by the time clock to punch them all out. And now, one of the three who left wants to collect unemployment. The court says no.
Veterinarian did not get a license in Indiana.
The company appealed, saying he was an independent contractor whose contract was ended for cause. The neither the judge at the hearing nor the Board would listen to them.
He had a terrible attendance record, was warned numerous times, both verbally and in writing, and finally they told him that if he didn't keep his nose clean for the next ninety days, they'd fire him. Sure enough, he was late again. But the court says he collects because on that last morning when he was late, his electricity was out.
The Department forced her to testify that while collecting unemployment, she failed to report earnings. The statue which allows them to make her testify grants her immunity from penalty. But she still has to repay the benefits she received.
Someone crashed their pallet lift into the freezer doors and broke a piece off the doors. She was the only one there. At first, she denied it. But she kept on changing her story. First she would admit it, and then she would deny that she admitted it. They wrote her up a warning. Then she changed her story again, in a letter protesting the warning. So they fired her for lying. The court says she collects, because her letter was a grievance procedure, and so she can't be fired for that.
His job tickets said he was on the job; but his GPS tracking device said he was at home. He contends his work never suffered.
Perfection Bakeries
A new union contract was under negotiation. The company said they would close the doors if the old contract expired without a settlement. The union said they would strike if the old contract expired without a settlement. The contract expired. Was it a lockout or a strike?
When they all went out on strike, the company hired permanent replacements. That made the strikers eligible for Unemployment. But at the hearing, the company offered five jobs. Nobody took them. So now the company says they shouldn't collect because they refused work. This court says they can't decide because they don't know if five jobs is more than normal turnover.
He was given the wrong medication, had a bad reaction, and wound up six days in the hospital. Meanwhile, he was fired for refusing to take a drug test.
He was AWOL three days.
Salin Bank
They closed her office. She collects.
The landlord had a policy prohibiting employees from dating tenants. The property manager did not want to enforce the policy, so she quit. Now she wants unemployment. The court says no.
She left town for a funeral. When she returned, she found a notice of an appeal hearing in her mailbox. The hearing had been held while she was gone. The court says give her another hearing.
He had fifteen days to appeal. He took four months. He does not think that should be too late.
He did not show up, nor did he call in, so they fired him. But the Review Board wants to invalidate the employer's attendance policy because they think it is too strict.
This is the dissent from the opinion above.
More on the too strict Stanrail attendance policy.
When a claimant is not represented by a lawyer at an appeal hearing, the Administrative Law Judge conducting the hearing has a positive duty to help the claimant examine witnesses and develop his case.
A police officer was convicted of battery, and so he was fired. But the conviction was later overturned, so he wants Unemployment. The court says no.
Quit to take a better job. Lost that job. But the better job did not last ten weeks; therefore, she cannot collect unemployment.
Did not give an accurate employment history on her employment application.
The appellant filed a "notice of intent to appeal". This is as good as filing an appeal. The employer presented a lab report from a drug test; but no other supporting evidence to establish testing prodecures, chain of custody, etc.
She quit to care for her disabled child.
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