Indianapolis Osteopathic Hospital, Inc. v. Jones

669 N.E.2d 431, 1996 Ind. App. LEXIS 938, 1996 WL 420384
CourtIndiana Court of Appeals
DecidedJuly 23, 1996
Docket93A02-9602-EX-113
StatusPublished
Cited by14 cases

This text of 669 N.E.2d 431 (Indianapolis Osteopathic Hospital, Inc. v. Jones) is published on Counsel Stack Legal Research, covering Indiana Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Indianapolis Osteopathic Hospital, Inc. v. Jones, 669 N.E.2d 431, 1996 Ind. App. LEXIS 938, 1996 WL 420384 (Ind. Ct. App. 1996).

Opinions

OPINION

BARTEAU, Judge.

The Review Board of the Indiana Department of Employment and Training Services determined that Lisa A. Jones is entitled to unemployment compensation. Indianapolis Osteopathic Hospital, Inc. d/b/a Westview Hospital (Westview) appeals that determination. We affirm.

FACTS

Jones, a therapeutic diet clerk, worked for Westview for fourteen years. During that time period, Jones worked seven-hour shifts and every other weekend. In July of 1995, Westview informed Jones that, beginning in September of 1995, she would be required to work twelve-hour shifts, three days per week, and a thirteen-hour shift every third weekend. Jones informed Westview that she could not work twelve-hour shifts because she could not find child care for her two children for those hours. When Westview maintained that Jones had no choice but to work the new schedule, Jones voluntarily resigned.

The Indiana Department of Workforce Development determined that Jones was ineligible for unemployment compensation because she voluntarily left employment without good cause. Jones appealed that determination and an administrative law judge reversed the denial of unemployment compensation, finding that Jones had good cause for terminating her employment. The Board affirmed the administrative law judge's determination and adopted and incorporated his findings of fact and conclusions of law.

The findings of fact entered by the administrative law judge and adopted by the Board provide in part:

-that the claimant was employed by the employer for approximately fourteen years as a therapeutic dietician.
-that the claimant voluntarily left employment when she determined that the employer had breached the terms of the employment agreement.
-that at the time of initial employment the claimant was advised that she would be working a seven hour day.
[433]*433-that during the course of her fourteen years of employment she worked a seven hour work day.
-that on July 20, 1995, the claimant was informed that the employer would engage in a "shift change" which would require the claimant to work a twelve hour work day.
-that the claimant had minor children.
-that the change in the claimant's work schedule would require her to make alternate arrangements for child care for her minor children.
-that the claimant could make no arrangements for alternate child care.

R.52. The conclusions of law entered by the administrative law judge and adopted by the Board provide in part:

-that at the time of initial employment the claimant and the employer mutually agreed to a work schedule.
-that the employer, thereafter, unilaterally changed the work schedule.
-that the claimant refused to accept the unilateral change in the work schedule.
-that the employer's unilateral change in the work schedule was a breach of the employment agreement.
-that the claimant left employment because of the breach in the employment agreement.
-that a reasonable, prudent person, under similar circumstances would have left employment.
-that the claimant left employment for reasons "objectively" related to the job.
-that the claimant is, therefore, entitled to benefits under the Act.

R. 52.

STANDARD OF REVIEW

The question of whether an employee voluntarily terminated employment without good cause is a question of fact to be determined by the Board. Lofton v. Review Bd. of the Indiana Employment See. Div., 499 N.E.2d 801, 802 (Ind.Ct.App.1986). This court will not reweigh the evidence but will consider only the evidence that supports the Board's decision. Id. We will reverse only if reasonable persons would be bound to reach a conclusion opposite that of the Board. Winder v. Review Bd. of Employment Sec. Div., 528 N.E.2d 854, 856 (Ind.Ct.App.1988).

The claimant has the burden of establishing that the voluntary termination of employment was for good cause. Thomas v. Dep't of Employment and Training Serv's, 543 N.E.2d 397, 400 (Ind.Ct.App.1989). The claimant must show that (1) the reasons for abandoning employment were such as to impel a reasonably prudent person to terminate employment under the same or similar circumstances, and (2) the reasons are objectively related to the employment. Gray v. Dobbs House, Inc., 171 Ind.App. 444, 447, 357 N.E.2d 900, 903 (1976).

EMPLOYMENT AGREEMENT

' Westview initially contends that because Jones was an employee at will, the finding that there was an employment agreement between Westview and Jones is erroneous. Westview cites three cases addressing the validity of an employment contract in actions for wrongful discharge. The cases establish that absent a set term of employment, an employment relationship is at will. See Martin v. Platt, 179 Ind.App. 688, 386 N.E.2d 1026 (1979); Shaw v. S.S. Kresge Co., 167 Ind.App. 1, 328 N.E.2d 775 (1975); Speeder Cycle Co. v. Teeter, 18 Ind.App. 474, 48 N.E. 595 (1897). We fail to see the relevance of these cases to the situation at hand. Whether Jones was an employee at will is not dispositive of whether Westview and Jones agreed on the hours Jones would work. The Board's findings and conclusions establish no more than that.

Westview also contends that there was no agreement as to Jones's work schedule because Jones was an employee at will and her status as an employee at will allowed Westview the prerogative to adjust work schedules. In Jones v. Review Bd. of Indiana Employment Sec. Div., 399 N.E.2d 844 (Ind.Ct.App.1980), this court noted:

Generally, an employer has the prerogative of setting business hours, working schedules and working conditions in the absence of a specific agreement. However, an employee has the right to place [434]*434conditions or limitations on his employment. If such conditions are made known to the employer and are agreed to by it, these conditions become contractual working conditions. If the working conditions are unilaterally changed by the employer and the employee chooses to terminate the employment rather than accept the change, the employee will be entitled to unemployment benefits since the reason for termination was a change in work agreed to be performed by the employee. Such reason constitutes good cause.

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Indianapolis Osteopathic Hospital, Inc. v. Jones
669 N.E.2d 431 (Indiana Court of Appeals, 1996)

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669 N.E.2d 431, 1996 Ind. App. LEXIS 938, 1996 WL 420384, Counsel Stack Legal Research, https://law.counselstack.com/opinion/indianapolis-osteopathic-hospital-inc-v-jones-indctapp-1996.