Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Hendricks County v. Green

Court of Appeals of Indiana

March 19, 2019

Hendricks County, Indiana, et al., Appellants-Defendants,
v.
Gwyn L. Green, Appellee-Plaintiff.

          Appeal from the Boone Superior Court Trial Court Cause No. 06D01-1711-PL-1416 The Honorable Matthew C. Kincaid, Judge

          Attorney for Appellant Mark J. Crandley Barnes & Thornburg, LLP Indianapolis, Indisana

          Attorneys for Appellee Ryan P. Sink Indianapolis, Indiana Amicus curiae Probation Officers Professional Association Fred Anthony Paganelli Stephanie L. Grass Thomas D. Perkins Indianapolis, Indiana

          Riley, Judge.

         STATEMENT OF THE CASE

         [¶1] Appellants-Defendants, Hendricks County, Indiana (County) and Hendricks County Courts, [1] appeal the trial court's decision on Appellee-Plaintiff's, Gwyn L. Green (Green), motion for judgment on the pleadings, concluding that Green was entitled to a cash payout of her paid-time-off (PTO) as a form or earned wages under Indiana's Wage Payment Statute at the time of her resignation as a probation officer from the Hendricks County Courts.[2]

         [¶2] We affirm.

         ISSUES

         [¶3] The County presents us with two issues on appeal, which we restate as:

(1) Whether the County may decline to pay cash for unused PTO pursuant to Indiana's Wage Payment Statute and in accordance with the County's employee manual; and
(2) Whether the Wage Payment Statute waives sovereign immunity even though the Statute is silent as to whether it applies to government entities.

         FACTS AND PROCEDURAL HISTORY

         [¶4] Green worked as a probation officer for the Hendricks County Courts from October 1993 until her voluntary resignation on September 29, 2017. At the time of her resignation, Green had accrued 331 hours of unused PTO. Instead of taking the time off, she sought to recover the accumulated hours as a cash payment pursuant to the provisions of the employee manual for the Hendricks County Probation Department, which stated that "[r]egardless of notice given, upon resignation, the Department shall pay for personal time which has accrued not exceeding 420 hours." (Appellant's App. Vol. II, p. 17).

         [¶5] The County maintains that its own employee manual which sets the policies applicable to all County employees is applicable to probation officers. Pursuant to the County's manual, employees are not granted a cash payout for PTO when they resign. Instead, "[a]ccrued PTO will only be paid out upon retirement or disability retirement to eligible employees." (Appellant's App. Vol. II, p. 87). This policy was sent to all County employees and it is undisputed that Green received a copy.

         [¶6] On or about October 6, 2017, the Hendricks County Courts sought an appropriation from the County to pay Green's accrued and unused PTO. The County Council rejected the request, voting 7-0 to deny because "if this payout was awarded, contrary to [the County] Policy Manual, there would be a good argument for ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.