East Wind Acupuncture, Inc. v. Review Board of the Indiana Department of Workforce Development and Elly A. Lesnick
2017 Ind. App. LEXIS 78
Ind. Ct. App. Recl.2017Background
- Lesnick worked for East Wind Acupuncture from Nov. 2010 to March 9, 2016 as a case manager and yoga instructor and quit citing working conditions.
- Owner Zaranski repeatedly yelled at Lesnick on multiple occasions (Nov. 24, 2015; Feb. 25, 2016; Mar. 9, 2016), including using profanity.
- Lesnick asked Zaranski to stop yelling after the Feb. 25 incident; Zaranski replied that that was how she communicated.
- Lesnick resigned on March 14, 2016 and applied for unemployment benefits; an ALJ found Lesnick quit for good cause and awarded benefits.
- East Wind sought to submit additional employee accounts when appealing to the Review Board; the Board declined to accept them and affirmed the ALJ.
- East Wind appealed to the Court of Appeals raising (1) denial of the Board’s consideration of additional evidence and (2) insufficiency of evidence that Lesnick quit for good cause.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Review Board abused its discretion by refusing to accept additional evidence on appeal | East Wind: denial violated due process; needed to cross-examine and impeach Lesnick with other staff accounts | Review Board/Lesnick: East Wind had notice and opportunity at the ALJ hearing; it could have produced those witnesses then and gave no good reason for delay | No abuse of discretion; Board properly confined review to ALJ record because East Wind did not show good cause for late evidence |
| Whether evidence supports finding Lesnick left for "good cause in connection with the work" (eligibility for UI) | East Wind: Zaranski’s conduct was not sufficiently unreasonable; employer faults reattendance and argues incidents were isolated or justified | Lesnick/Board: repeated, habitual screaming (including profanity) after a requested stop made conditions objectively unreasonable for a reasonably prudent person | Substantial evidence supports the Board; repeated verbal abuse constituted good cause to quit and entitlement to benefits |
Key Cases Cited
- Marozsan v. Review Bd. of Ind. Employment Sec. Div., 429 N.E.2d 986 (Ind. Ct. App. 1982) (defines when working conditions constitute "good cause" to quit)
- Ky. Truck Sales, Inc. v. Review Bd. of Ind. Dep’t of Workforce Dev., 725 N.E.2d 523 (Ind. Ct. App. 2000) (distinguishes one-time reprimand from repeated unreasonable conduct)
- McClain v. Review Board of Indiana Dep’t of Workforce Dev., 693 N.E.2d 1314 (Ind. 1998) (standard of appellate review for Review Board factual findings)
- J.M. v. Review Bd. of Ind. Dep’t of Workforce Dev., 975 N.E.2d 1283 (Ind. 2012) (explains Review Board decision is conclusive on facts and substantial-evidence review)
- Telligman v. Review Bd. of Ind. Dep’t of Workforce Dev., 996 N.E.2d 858 (Ind. Ct. App. 2013) (Review Board’s acceptance of additional evidence is discretionary)