Beckingham v. Review Board of the Indiana Department of Workforce Development
Beckingham v. Review Board of the Indiana Department of Workforce Development
Opinion of the Court
The Review Board of the Department of Workforce Development denied Lisa M. Beckingham unemployment benefits for violating her employer's no-fault attendance rule. In accordance with another case we decide today, Giovanoni v. Rev. Bd. of Ind. Dep't of Workforce Dev., 927 N.E.2d 906 (Ind. 2010), we hold that such a rule does not obviate the statutory mandate to analyze whether, under the totality of the cireumstances, the employee's absenteeism is the result of cireumstances beyond that employee's control.
Beckingham was a purchasing agent employed from August, 1997, through January, 2008, by Cenveo Corporation ("Cen-veo"). She was discharged for violation of Cenveo's attendance policy. Cenveo's written attendance policy addressed both excused and unexcused absences. Among other components of the policy, four "oe-currences" of unexeused absence or tardiness in any 12-month period, or 18 occurrences of excused absence or tardiness in any 12-month period, subjected an employee to termination. The policy implemented progressive discipline, including written warnings as an employee's number of occurrences accrued.
Beckingham accumulated 14% excused and unexcused occurrences in a 12-month period. Most, but not all of her absences, were the result of personal illness, illness of Beckingham's children, or various difficulties involving daycare. Progressive discipline was implemented as these occurrences accrued. Although Cenveo recognized the difficulties of Beckingham's situation as a single mother of two young children and allowed for some leniency,
Upon termination, Beckingham sought unemployment benefits. A claims deputy for the Department of Workforce Development denied her request. Following a hearing, an administrative law judge ("ALJ") entered findings of fact and conclusions of law holding that Beckingham had been fired for just cause and therefore affirming the deputy's decision. The Review Board affirmed the ALJ.
A divided panel of the Court of Appeals affirmed, holding that Beckingham was discharged for just cause pursuant to a reasonable attendance rule under Indiana Code section 22-4-15-1(d)(2) and therefore was not entitled to unemployment benefits. Beckingham v. Rev. Bd. of Ind. Dep't of Workforce Dev., 903 N.E.2d 477 (Ind.Ct.App. 2009). Judge Najam dissented.
Beckingham sought, and we granted, transfer, thereby vacating the opinion of the Court Appeals. Ind. Appellate Rule 58(A).
Discussion
At issue in this appeal is whether an employee's discharge pursuant to violation of an employer's "no-fault" attendance rule disqualifies the complainant from receipt of unemployment insurance benefits under Indiana Code section 22-4-15-1(d)(2) ("subsection (d)(@2)").
In Giovanoni, 927 N.E.2d 906, we hold that while it is permissible for an employer to utilize a "no-fault" attendance
However, whether Beckingham's occurrences were the result of cireumstances beyond her control seems less clear than the situation presented in Giovanoni. Because the Board specifically addressed the reasons for some, but not all, of Becking-ham's occurrences, we reverse and remand the decision of the Board for additional fact-finding.
Conclusion
Accordingly, the judgment of the Unemployment Review Board is reversed, and this case is remanded for further proceedings consistent with the views expressed in this opinion.
. Minor tardiness resulted in only one-half of an occurrence being charged against the employee. Additionally, an excused absence that occurred over three consecutive days was charged against the employee as a single occurrence only.
. To make out a prima facie case of termination for just cause based on a violation of an employer attendance rule so as to disqualify a former employee from receiving unemployment insurance benefits under subsection (d)(2), the employer must show that the employee: (1) knowingly violated, (2) a reasonable, and (3) uniformly enforced rule. McClain v. Rev. Bd. of Ind. Dep't of Workforce Dev., 693 N.E.2d 1314, 1318 (Ind. 1998). Beckingham does not challenge the knowledge or uniform enforcement prongs of this standard, but rather whether Cenveo's policy is reasonable as a matter of law.
Dissenting Opinion
dissenting.
On the facts of this case, I believe that the Court of Appeals was correct to affirm the Review Board's determination that Beckingham was discharged for just cause and therefore not entitled to unemployment benefits. Beckingham v. Rev. Bd. of Ind. Dep't of Workforce Dev., 908 N.E.2d 477 (Ind.Ct.App. 2009).
Reference
- Full Case Name
- Lisa M. BECKINGHAM, Appellant (Plaintiff Below), v. REVIEW BOARD OF the INDIANA DEPARTMENT OF WORKFORCE DEVELOPMENT and Cenveo Corporation, Appellees (Defendants Below)
- Cited By
- 3 cases
- Status
- Published