Parkison v. James River Corp.
Decision Date | 12 January 1996 |
Docket Number | No. 93A02-9506-EX-360,93A02-9506-EX-360 |
Parties | Robert E. PARKISON, Appellant-Claimant, v. JAMES RIVER CORPORATION and Review Board of the Indiana Department of Employment and Training Services, Appellees-Employer. |
Court | Indiana Appellate Court |
The Review Board of the Indiana Department of Workforce Development (Board), found that Robert E. Parkison was discharged for just cause from the James River Corporation (James River). Parkison raises one issue on appeal which we restate as follows Whether the Board erred by going beyond the employer's stated reason for Parkison's discharge?
We reverse.
Parkison was employed as an extruder helper by James River since August 11, 1987. In 1993, James River implemented a no-fault attendance policy which the Administrative Law Judge (ALJ), noted in his findings:
Record at 74-75. After implementation of this policy, Parkison had numerous instances where he was absent, tardy, or left work early. Consequently, Parkison received a series of verbal and written warnings concerning his attendance record.
On November 30, 1994, James River sent Parkison a written warning placing him on a ninety-day probation. In the letter, James River warned Parkison, "If, during the next 90 days, you are late, leave early, or have any further absences, your employment with James River will be terminated." Record at 55. On February 6, 1995, the sixty-fifth day of his probation, Parkison arrived late to work due to a power outage in his area. James River terminated Parkison's employment the same day. James River's termination letter stated, Record at 54.
Following his discharge, Parkison filed for unemployment benefits. James River opposed Parkison's application, claiming that he was discharged for just cause. The ALJ ruled James River's attendance policy was unreasonable, but examined Parkison's attendance record and found that he was discharged for just cause under the Indiana Employment Security Act. 1 Parkison then appealed to the Board. The Board adopted the ALJ's findings of fact and conclusions. This appeal followed.
When reviewing the Board's decision, this court accepts the factual findings as conclusive and binding. Best Lock Corp. v. Review Bd. (1991), Ind.App., 572 N.E.2d 520, 522. We then determine whether the Board's decision is supported by substantial evidence of probative value. In so doing, we neither reweigh the evidence nor reassess witness credibility, and we consider only the evidence most favorable to the Board's decision. Stepp v. Review Bd. (1988), Ind.App., 521 N.E.2d 350, 353.
With respect to a question of law, however, this court is not bound by the Board's interpretation, and we review to determine whether the Board correctly interpreted the law and correctly applied the applicable law. Pazzaglia v. Review Bd. (1993), Ind.App., 608 N.E.2d 1375, 1376.
Parkison contends the Board erred in concluding he was discharged for just cause after examining his attendance record. He claims the Board erred when it went beyond James River's stated ground for his termination. We agree.
In Voss v. Review Bd. (1989), Ind.App., 533 N.E.2d 1020, 1021, the employer terminated Voss and stated the reason as unauthorized use of the company telephones. The Board upheld his denial of unemployment benefits based on that and on other reasons. In our holding, we restricted the scope of our review, and that of the Board, to whether the employer's stated grounds for discharge are supported by the Board's findings:
Id. at 1021. See also Butler v. Review Bd. (1994),...
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