Conseco, Inc. v. Review Board of the Indiana Department of Employment & Training Services

I respectfully dissent. As noted by the majority, Gilbert’s job as a Data Control Analyst printing customer claim checks with access to company buildings during non-business hours, required Conseco to have a great deal of confidence in her integrity and trustworthiness. Thus, Gilbert’s personal integrity and trustworthiness were fundamental segments of her job, and a breach thereof “adversely affects her ability and capacity to perform her job duties.” Byrd v. Review Board (1984), Ind.App. 469 N.E.2d 463 at 465. The fact that Gilbert shoplifted materially affects Conseco’s ability to trust…