Legal Opinion · Dissent

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

Indiana Court of Appeals

Decided August 3, 1993No. 93A02-9301-EX-23Published

1DissentMiller, Judge

I dissent because the Ind.Code defines just cause for discharge as "any breach of duty in connection with work which is reasonably owed an employer by an employee." 1C. 22-4-15-1(d)(8). The majority recognizes that the employer has the burden of establishing a prima facie case showing just cause, after which it is incumbent on the employee to produce evidence which rebuts the employer's case. Here, the employer met its burden-it showed that Ratkovich walked off the job without permission (and that it was not the first time she had walked out without permission. R. 24). The second grounds for…

2Cases cited2 opinions

  1. Richey v. Review Bd. of Ind. Emp. SEC. Div.Indiana Court of Appeals · 1985
  2. Jones v. Review Board of the Indiana Department of Employment & Training ServicesIndiana Court of Appeals · 1991

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