Marozsan v. Review Board of the Indiana Employment Security Division

429 N.E.2d 986, 1982 Ind. App. LEXIS 1044
CourtIndiana Court of Appeals
DecidedJanuary 12, 1982
Docket2-781A235
StatusPublished
Cited by16 cases

This text of 429 N.E.2d 986 (Marozsan v. Review Board of the Indiana Employment Security Division) 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
Marozsan v. Review Board of the Indiana Employment Security Division, 429 N.E.2d 986, 1982 Ind. App. LEXIS 1044 (Ind. Ct. App. 1982).

Opinion

CONOVER, Judge.

Stephen Marozsan appeals from the holding of the Review Board of the Indiana Employment Security Division, which found that he had voluntarily left his employment without good cause and thus was ineligible for unemployment compensation. He assigns as error that the decision of the Review Board is contrary to law.

We affirm.

FACTS

Any decision of the Review Board is conclusive and binding upon us as to all questions of fact. Ind.Code 22-4-17-12. In this case the Review Board found the facts to be as follows:

“FINDINGS: The evidence shows that the claimant worked for this employer for *987 the period from October 11,1979, to April 28,1980, as a security guard. His rate of pay at the time of separation was $4.23 per hour. The evidence further shows that the claimant voluntarily left his employment on April 28, 1980. The claimant felt he was having difficulty in getting the cooperation from co-workers. Claimant felt the other officers resented him and were cold. Claimant brought his feelings to the attention of his immediate supervisor and then to the attention of the Security Director. When the claimant confronted the other officers with his feelings, he was informed that he was hired at a higher rate of pay, did not have to take a typing test, and was too friendly with the students. The Security Director talked to the claimant during his shift of work; he was given an opportunity to read an employee manual. The claimant requested an increase in the number of hours of work and thereafter began his work at a gate. The Security Director informed the claimant that his conduct at the gate and his managing of the gate were questionable. Claimant felt he could not be aloof from the student community. The claimant had discussions with the Security Director concerning the claimant’s judgment, tactfulness, and ability to work in harmony. The Security Director told the claimant that he did not think it was going to work out and that he should seek employment elsewhere. The claimant had had difficulties with escort procedures and student passes. The employer felt it improper that the claimant had solicited legal assistance from law students. Further, there had been complaints from two (2) members of the Notre Dame community about the claimant’s handling of the gate. The claimant indicated that he was having problems at home and at work. Claimant indicated that he could not do it and get unemployment. The Security Director informed the claimant that he could not fire him because there were procedures to follow. Claimant indicated he would be looking for another job. “The evidence shows that the Security Director called a meeting for the midnight shift and the claimant did not show up. The Security Director requested that the officers work together. The Security Director felt that the shift was working better. The Security Director testified that the claimant was not very tactful in using his discretion and was not able to get along with his co-workers. The Security Director felt that the problem was more the claimant’s than his co-workers. “The evidence shows that after the claimant’s unexcused absence on April 18 and 19 of 1980, the claimant was given a written warning, dated April 21, 1980, from the Security Director concerning his work performance. The claimant felt he had no alternative but to resign. The claimant resigned effective April 28, 1980. The claimant informed the employer that he could not continue in employment because his capabilities were questioned. The employer had provided the claimant with a transfer request form. “CONCLUSION: From the foregoing findings, it is concluded that the claimant voluntarily left his employment without good cause in connection with the work within the meaning of Chapter 15-1 of the Indiana Employment Security Act.”

In assigning as error that the decision of the Review Board was contrary to law, appellant raises both the sufficiency of the facts to sustain the decision and the sufficiency of the evidence to sustain the findings. Ind.Code 22-4-17-12.

ISSUE

Ind.Code 22-4-15-1 states, “[with] respect to benefits ... an individual shall be ineligible for waiting period or benefit rights: For the week in which he has left work voluntarily without good cause.” The issue involved here is whether the claimant voluntarily left his employment without good cause. In Gray v. Dobbs House, Inc., (1976) 171 Ind.App. 444, 357 N.E.2d 900, this Court discussed a claimant’s voluntary termination of employment. That case outlined a two step procedure for determining whether the termination at issue was for *988 good cause. The Court stated as a general rule to establish good cause justifying voluntary termination, the claimant must show 1) the termination was related to the employment and objective in character, and 2) .the reasons for abandoning his employment were such as would impel a reasonably prudent person to terminate under the same or similar circumstances. Gray, supra, 357 N.E.2d at 904.

In dealing with an appeal from a review board we do not reweigh the evidence. The findings of the Review Board are conclusive upon us unless reasonable men, considering only the evidence supporting those findings, would be bound to reach a different conclusion. National Furniture Manufacturing Company v. Review Board of the Indiana Employment Security Division, (1960) 131 Ind.App. 260, 170 N.E.2d 381, 384.

As the question of work relatedness is not at issue here, the only question is whether a reasonably prudent man would have been impelled to terminate his employment under the conditions involved in this case.

DISCUSSION

Appellant claims that under the two-part rule enunciated in Gray, the Board should have found his voluntary termination was for good cause. He says the adverse treatment from his fellow employees and the unjust reprimands from his employer were the main reasons for his resignation. These factors, he claims, would have impelled a reasonably prudent person under the same circumstances to resign.

Further, appellant cites National Furniture, supra, to support his claim that he terminated his employment for good cause. The facts involved in National Furniture, however, are distinguishable from those of the present case.

There, the claimant was severely reprimanded because of damage done to the employer’s truck through the negligence of a third party. The employee had been driving the truck when it had a flat tire. The truck was then taken to a service station where the tire was replaced. A short time later the repaired wheel came off, while the claimant was driving it, causing damage to the truck. The employer severely criticized the employee claiming he had not inspected the tire after it had been repaired, and was therefore careless in his duties. No evidence was introduced showing any negligence on the employee’s part. Further, the employee was led to believe, based on several statements made in his presence by the employer, that he was going to be discharged.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Robinson v. Review Board of the Indiana Employment Security Division
516 N.E.2d 1079 (Indiana Court of Appeals, 1987)
Lofton v. Review Board of the Indiana Employment Security Division
499 N.E.2d 801 (Indiana Court of Appeals, 1986)
Gathering v. Review Board of Indiana Employment Security Division
495 N.E.2d 207 (Indiana Court of Appeals, 1986)
Gathering v. REVIEW BD. OF IND. EMPLOYMENT
495 N.E.2d 207 (Indiana Court of Appeals, 1986)
Quillen v. Review Board of the Indiana Employment Security Division
468 N.E.2d 238 (Indiana Court of Appeals, 1984)
Sollecito v. Hollywood Lincoln Mercury, Inc.
450 So. 2d 928 (District Court of Appeal of Florida, 1984)
Mshar v. Review Board of the Indiana Employment Security Division
445 N.E.2d 1376 (Indiana Court of Appeals, 1983)
Skrundz v. Review Bd. of Ind. Employment SEC.
444 N.E.2d 1217 (Indiana Court of Appeals, 1983)

Cite This Page — Counsel Stack

Bluebook (online)
429 N.E.2d 986, 1982 Ind. App. LEXIS 1044, Counsel Stack Legal Research, https://law.counselstack.com/opinion/marozsan-v-review-board-of-the-indiana-employment-security-division-indctapp-1982.