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CCH® UNEMPLOYMENT INSURANCE — 8/28/15

Indiana claimant denied benefits for refusing CEO’s direct order

The claimant, an application processing clerk for a city housing authority, was discharged for insubordination for refusing a direct order to report to the CEO’s office after she caused an office disruption over the status of tenants. Because the claimant had received a copy of the employer’s personnel policy manual, she was aware of the employer’s insubordination policy and violated it when she disregarded the CEO’s instruction. Despite the claimant’s assertions, the insubordination policy was not enforced in a discriminatory or retaliatory manner based on FMLA leave, sex, race, or disability, but rather was enforced equally for all employees. The policy also was enforced uniformly. Accordingly, the court ruled that there was substantial evidence to establish that the claimant had committed disqualifying misconduct and the Board’s decision to deny benefits was affirmed (A.R. v. Rev. Bd., Ind. Ct. of App., No. 93A02-1411-EX-800, August 7, 2015).