D.R. v. Review Board of the Indiana Department of Workforce Development
942 N.E.2d 820
| Ind. Ct. App. | 2011Background
- FedEx offered D.R. a permanent part-time courier position contingent on successful medical exam, drug screen, and training; D.R. accepted.
- D.R. failed the mandatory defensive driving test after training trips to Tulsa and back in Indiana.
- FedEx policy 9-50 required pass of training; external hires failing instruction receive 30-day unpaid leave to seek other qualified positions or resign.
- D.R. chose to resign after being informed she could take a 30-day leave or resign; failure to choose by deadline would be deemed voluntary resignation.
- Claims deputy denied benefits for just cause discharge; ALJ and Board upheld denial, finding just cause due to breach of duty.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the record supports denial of full benefits. | D.R. contends she did not quit for personal reasons and had no reasonable option other than resignation. | FedEx showed just cause for discharge due to failure to meet mandatory training requirements. | Yes; record supports just cause discharge and denial of full benefits. |
Key Cases Cited
- Nersessian v. Review Bd. of Ind. Dep't of Workforce Dev., 798 N.E.2d 480 (Ind. Ct. App. 2003) (burden-shifting framework for just cause)
- Flick v. Review Bd. of Ind. Emp't Sec. Div., 443 N.E.2d 84 (Ind. Ct. App. 1982) (driving requirement analysis; lack of clarity on job necessity)
- Hehr v. Review Bd. of The Ind. Emp't Sec. Div., 534 N.E.2d 1122 (Ind. Ct. App. 1989) (breach of duty as a flexible, fact-specific standard)
- McClain v. Review Bd. of Ind. Dep't of Workforce Dev., 693 N.E.2d 1314 (Ind. 1998) (substantial evidence standard for Board findings)