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

Here, the district store manager reviled an employee of one of his stores while addressing the manager of that store. He *298was fired for his choice of language on this single occasion. There is no evidence that he was fired for his choice of place and circumstance in which to use the language. The Review Board's decision was incorrect in basing its decision in part upon his choice of place and circumstance because such choice was beyond the stated grounds for discharge. Voss v. Review Bd. Dept. of Emp. & Training Ser. (1989), Ind.App., 533 N.E.2d 1020. I agree with the majority of the Court of…