Legal Opinion

Holmes v. Review Board of the Indiana Employment Security Div.

Indiana Court of Appeals

Decided July 13, 1983No. 2-283A71PublishedCited by 29 opinions

1Opinion of the Court

CONOVER, Judge.

Claimant-appellant Wallace G. Holmes (Holmes) appeals a decision of the Review Board of the Indiana Employment Security Division (Board) denying Holmes unemployment compensation because his discharge by Otis Elevator Company (Otis) for absenteeism was for just cause.

Reversed.

ISSUE

Whether incarceration awaiting trial upon criminal charges later dismissed constitutes just cause for an employee's discharge for absenteeism.

FACTS

Holmes had been employed by Otis for five years, but was terminated for absenteeism on March 11, 1981. Otis's policy dealing with absenteeism was first an…

Also in this document: Concurrence.

2Cases cited28 opinions

  1. Humphries v. DavisIndiana Supreme Court · 1885
  2. Park 100 Development Co. v. Indiana Department of State RevenueIndiana Supreme Court · 1981
  3. Indiana State Highway Commission v. WhiteIndiana Supreme Court · 1973
  4. Merkle v. Review Board of Indiana Employment Security DivisionIndiana Court of Appeals · 1950
  5. Walter Bledsoe Coal Co. v. Review Board of Employment Security Division of Department of TreasuryIndiana Supreme Court · 1943

23 more not listed; retrieve them via the Exa API.

3Cited by29 opinions

  1. Chrysler Group, LLC v. Review Board of the Indiana Department of Workforce DevelopmentIndiana Supreme Court · 2012
  2. State v. Windy City Fireworks, Inc.Indiana Court of Appeals · 1992
  3. New Trend Beauty School, Inc. v. Indiana State Board of Beauty Culturist ExaminersIndiana Court of Appeals · 1988
  4. Irmscher v. McCue Ex Rel. McCueIndiana Court of Appeals · 1987
  5. Joy v. StateIndiana Court of Appeals · 1984

24 more not listed; retrieve them via the Exa API.

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