Hughey v. Review Board of the Indiana Department of Employment & Training Services

I respectfully dissent. Hughey was not discharged until after being convicted of battery. Thus, he was discharged for just cause pursuant to IND.CODE § 22-4-15-1(d)(8) (1992 Supp.). Two cases are relevant to this determination, Holmes v. Review Bd. of Ind. Sec. Div. (1983), Ind.App., 451 N.E.2d 83, and Sparks v. Dept. of Emp. & Training Serv. (1988), Ind.App., 531 N.E.2d 227.

In Holmes, an employee was discharged during incarceration for a charge which was later dismissed, and he was subsequently denied unemployment benefits. Holmes at 84. This Court reversed the denial of benefits holding…