Legal Opinion · Dissent

Beckingham v. Review Board of the Indiana Department of Workforce Development

Indiana Court of Appeals

Decided March 20, 2009No. 93A02-0808-EX-771Published

1DissentNajam, Judge

I respectfully dissent. The majority holds that "the reasoning set forth in Jeff-boat and Beene is the better rationale for determining the reasonableness of an employer's attendance policy," and that Indiana Code Section 22-4-15-1(d) "is written in the disjunctive such that we may analyze an attendance issue under section (d)(2) or section (d)(8)" Op. at 482, 484. In Jeffboat and Beene, this court analyzed a claimant's entitlement to unemployment benefits under Section (d)(@2), rather than Section (d)(8), even though those claimants were terminated for ab*485sence-related issues. See Beene v.…

2Cases cited7 opinions

  1. Stanrail Corp. v. Review Board of the Department of Workforce DevelopmentIndiana Court of Appeals · 2000
  2. State v. DowneyIndiana Supreme Court · 2002
  3. Jeffboat, Inc. v. Review Board of the Indiana Employment Security DivisionIndiana Court of Appeals · 1984
  4. Vanderburgh County Election Board v. Vanderburgh County Democratic Central CommitteeIndiana Court of Appeals · 2005
  5. Stanrail Corp. v. Unemployment Insurance Review BoardIndiana Court of Appeals · 2000

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