Indianapolis Public Schools v. Review Bd. of Indiana Employment Sec. Div., 2-984-A-287
| Docket Nº | No. 2-984-A-287 |
| Citation | 473 N.E.2d 155 |
| Case Date | January 24, 1985 |
| Court | Court of Appeals of Indiana |
Page 155
v.
REVIEW BOARD OF the INDIANA EMPLOYMENT SECURITY DIVISION,
David L. Adams, Acting Chairman and Paul M. Hutson as
Members of and as Constituting the Review Board of the
Indiana Employment Security Division, and Patricia Whorton,
Claimants-Appellees.
First District.
Page 156
Fredrick L. Rice, General Counsel, Indianapolis, for defendant-appellant.
Linley E. Pearson, Atty. Gen., Kenneth P. Williams, Deputy Atty. Gen., Indianapolis, for claimants-appellees.
RATLIFF, Presiding Judge.
Indianapolis Public Schools (IPS) appeals a decision by the Review Board of the Indiana Employment Security Division (Review Board) finding Patricia A. Whorton (Whorton) eligible for unemployment benefits. We reverse.
Patricia Whorton has worked as a substitute teacher for the Indianapolis Public Schools from 1973 to the 1983-84 school year. Whorton is not licensed but rather has received a certificate from the Indiana Department of Education which, by law, permits her to substitute teach 120 days each academic year the certificate is valid. Whorton was paid only for those days she actually worked and compensation for the 1983-84 school year was $30.00 per day.
Near the end of the 1983-84 school year, IPS notified Whorton of substitute teaching work which would be available in the following school year. Whorton received forms and applications to be completed and returned to IPS so it could determine whether or not she was interested in continuing to substitute. Whorton did not fill out the forms and applications but rather filed a claim for unemployment benefits for the summer months.
At a hearing before a referee, Whorton indicated that she was more interested in seeking a full-time teaching position. However, before being considered for a full-time position, Whorton needed to be licensed by the state and not merely certified for substitute teaching. A representative of IPS testified that even if licensed, Whorton would have difficulty obtaining a full-time position because IPS was planning staff cut-backs. Regarding substitute positions, the representative stated that while substitute teachers would be needed in the 1984-85 school year he could not guarantee 120 days of substitute teaching would be available to Whorton. Likewise, even if she obtained a license, the representative could not guarantee enough substitute positions the coming year to make compensation for substitute teaching comparable to a full-time teaching salary.
After this hearing, the referee affirmed a deputy's earlier ruling that Whorton was ineligible for unemployment compensation for the 1984-85 school year. Whorton appealed this decision to the Review Board which reversed.
Page 157
"DECISION: The decision of Referee Barton in Case No. 84-A-8134, mailed July 30, 1984, is hereby reversed this 13th day of August, 1984. Claimant, if otherwise eligible, is entitled to benefits under Chapter 14-7 of the Act effective week ending June 2, 1984. (see Fort Wayne Community School vs. Review Board, 1981)"
Record at 31. IPS now appeals the Review Board's ruling.
While the appellant raises three issues we believe they can be consolidated into a single question. Was the Review Board's finding that Whorton did not have a reasonable assurance of employment contrary to law?
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Gann v. Richardson, 1:13–cv–00532–SEB–TAB.
...are excluded from collecting unemployment compensation.” Id. (citing Indianapolis Pub. Sch. v. Review Bd. of Ind. Emp't Sec. Div., 473 N.E.2d 155, 157–58 (Ind.Ct.App.1985) ). The Indiana Supreme Court subsequently denied transfer of the case, rendering the Court of Appeals' interpretation o......
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Gann v. Richardson, 1:13–cv–00532–SEB–TAB.
...are excluded from collecting unemployment compensation.” Id. (citing Indianapolis Pub. Sch. v. Review Bd. of Ind. Emp't Sec. Div., 473 N.E.2d 155, 157–58 (Ind.Ct.App.1985)). The Indiana Supreme Court subsequently denied transfer of the case, rendering the Court of Appeals' interpretation of......
-
Gann v. Richardson, 1:13-cv-00532-SEB-TAB
...are excluded from collecting unemployment compensation." Id. (citing Indianapolis Pub. Sch. v. Review Bd. of Ind. Emp't Sec. Div., 473 N.E.2d 155, 157-58 (Ind. Ct. App. 1985)). The Indiana Supreme Court subsequently denied transfer of the case, rendering the Court of Appeals' interpretation......
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Des Moines Independent Community School Dist. v. Department of Job Service, 85-312
...offers the substitute employment at the same status as the following school year. See, e.g., Indianapolis Public Schools v. Review Board, 473 N.E.2d 155, 157-58 (Ind.App.1985) (substitute teacher who had notice Page 610 of and sent application for substitute teaching positions available in ......
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Gann v. Richardson, No. 1:13–cv–00532–SEB–TAB.
...are excluded from collecting unemployment compensation.” Id. (citing Indianapolis Pub. Sch. v. Review Bd. of Ind. Emp't Sec. Div., 473 N.E.2d 155, 157–58 (Ind.Ct.App.1985)). The Indiana Supreme Court subsequently denied transfer of the case, rendering the Court of Appeals' interpretation of......
-
Gann v. Richardson, No. 1:13–cv–00532–SEB–TAB.
...are excluded from collecting unemployment compensation.” Id. (citing Indianapolis Pub. Sch. v. Review Bd. of Ind. Emp't Sec. Div., 473 N.E.2d 155, 157–58 (Ind.Ct.App.1985) ). The Indiana Supreme Court subsequently denied transfer of the case, rendering the Court of Appeals' interpretation o......
-
Gann v. Richardson, No. 1:13-cv-00532-SEB-TAB
...are excluded from collecting unemployment compensation." Id. (citing Indianapolis Pub. Sch. v. Review Bd. of Ind. Emp't Sec. Div., 473 N.E.2d 155, 157-58 (Ind. Ct. App. 1985)). The Indiana Supreme Court subsequently denied transfer of the case, rendering the Court of Appeals' interpretation......
-
Des Moines Independent Community School Dist. v. Department of Job Service, No. 85-312
...offers the substitute employment at the same status as the following school year. See, e.g., Indianapolis Public Schools v. Review Board, 473 N.E.2d 155, 157-58 (Ind.App.1985) (substitute teacher who had notice Page 610 of and sent application for substitute teaching positions available in ......