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Lake County Assessor's Office v. Review Board of the Indiana Department of Employment & Training Services

Citations: 561 N.E.2d 754; 1990 Ind. LEXIS 211; 1990 WL 168192Docket: No. 93S02-9010-EX-695

Court: Indiana Supreme Court; October 29, 1990; Indiana; State Supreme Court

Narrative Opinion Summary

The case involves a dispute over the termination of an employee, George Kovacich, from the Lake County Assessor's Office. The primary legal issue centers on whether Kovacich's dismissal was justified under new workplace policies established by a newly appointed assessor. Kovacich, who had been employed for nine years, was discharged following allegations of insubordination, including refusal to amend inflated travel voucher claims, failure to adhere to a new dress code, and engaging in personal business during work hours. The Indiana Department of Employment and Training Services Review Board initially found the discharge unjustified, deeming the employer's demands unreasonable. However, dissenting opinions argued that the inflated mileage claims constituted falsification, warranting termination. The Court of Appeals reversed the Review Board's decision, concluding that the employer had just cause for dismissal. This reversal was supported by Chief Justice Shepard and Justices DeBruler, Pivarnik, and Dickson, highlighting the necessity for employees to comply with reasonable workplace policies.

Legal Issues Addressed

Just Cause for Termination

Application: The court determined that Kovacich's actions, including submission of inflated mileage claims, constituted just cause for termination.

Reasoning: The court concluded that the Lake County Assessor's Office had just cause to terminate Kovacich, resulting in the reversal of the Review Board's decision.

Travel Voucher Practices and Insubordination

Application: Kovacich's refusal to amend travel vouchers was viewed as insubordination, yet the Board found the employer's demand unreasonable.

Reasoning: When the new assessor requested Kovacich to correct these submissions, he refused, insisting he would continue to submit vouchers based on the previous practice.

Unjustified Discharge and Employment Review

Application: The Court of Appeals assessed whether the discharge was justified, ultimately determining that it was not.

Reasoning: The Court of Appeals affirmed the Indiana Department of Employment and Training Services Review Board's decision that George Kovacich's discharge from the Lake County Assessor's Office was unjustified.

Workplace Policy Changes and Employee Compliance

Application: New workplace rules required compliance, including dress codes and restrictions on personal business, which Kovacich allegedly violated.

Reasoning: Following the appointment of a new assessor on January 1, 1987, new workplace rules were instituted, including a requirement for male employees to wear ties and a ban on personal business during work hours.