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

In order to make a prima facie showing of just cause for termination of McClain’s employment, IUPUI had to establish that McClain: (1) knowingly violated; (2) a reasonable; and (3) uniformly enforced rule. Hehr v. Review Bd. of Ind. Emp. Sec. Div., 534 N.E.2d 1122, 1124 (Ind.Ct.App.1989). The majority determines that IUPUI failed to establish that its rule regarding falsification of time cards was uniformly enforced. I disagree.

Whether IUPUI’s policy was uniformly enforced was a question of fact and the Board’s decision regarding all questions of fact is conclusive if supported by the…