J.B. v. Review Board of the Indiana Department of Workforce Development and Employer (mem. dec.)

**What Happened** An employee (referred to as J.B.) was fired after he wrote OSHA contact information on his employer's toolbox using permanent marker. When J.B. applied for unemployment benefits, the Indiana Department of Workforce Development denied his claim. J.B. appealed this decision, arguing he should receive benefits. **What the Court Decided** The court sided with the employer and the state agency. The judge ruled that writing on company property with permanent marker constituted defacing company property, which was serious enough misconduct to justify the firing. Because J.B. was fired "for just cause," he was not entitled to unemployment benefits. **Why This Matters for Workers** This case shows that even actions workers might consider minor workplace activism can have serious consequences. While employees have rights to workplace safety information, how they share that information matters. Permanently marking company property—even with safety-related information—can be grounds for termination and loss of unemployment benefits. Workers should find appropriate ways to share safety concerns or OSHA information that don't involve damaging employer property, such as posting flyers on designated bulletin boards or sharing information verbally.