PA205 Douglas Kaye Unit 4 assignment LATE SUBMISSION04242012

107 nm at 761 764 p2d at 1319 2 definition of

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would justify denial of benefits.” 107 N.M. at 761, 764 P.2d at 1319. 2 Definition of misconduct and the right to terminate. Although not directly presented on appeal in this case, we note that in their decision letters both the Appeals Tribunal and the Board of Review used the following definition: “The term ‘misconduct’ connotes a material breach of the contract of employment or conduct reflecting a willful disregard of the employer’s best interests.” (Emphasis added.) We rejected this definition in Rodman, 107 N.M. at 763, 764 P.2d at 1321, as inconsistent with the Mitchell standard requiring a willful or wanton disregard of the employer’s interests. The use of the term “or” implies that any breach of the employment contract sufficient to warrant discharge of the employee serves as adequate grounds for denial of benefits, whether or not the employee acted in a willful or wanton manner. “Where an employee has not acted with the requisite degree of ‘fault’ under Mitchell, he or she has not sacrificed a reasonable expectation in continued financial security such as may be afforded by accrued unemployment compensation benefits.” Id. at 761, 764 P.2d at 1319. The decision of the trial court is reversed, and this case is remanded for entry of judgment consistent with the decision of the Board of Review. IT IS SO ORDERED. CONCLUSION The decision of the trial court is reversed, and this case is remanded for entry of judgment consistent with the decision of the Board of Review.
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UNIT FOUR ASSIGNMENT: 1. Analogizing/Distinguishing: Explain one similarity and one difference between the case being briefed and your client’s facts Natalie's claim was denied by the New Mexico Employment Security Board on the grounds that she was terminated for “misconduct” and was therefore ineligible for unemployment compensation. The issue is whether Natalie's actions constituted misconduct under § 59-9-5(b), N.M.S.A.1953 which is similar to case Apodaca v It’s Burger Time, Inc. 769 P.2d 88 (N.M. 1989) where Apodaca’s refusal to alter her personal appearance in conformity with the employer’s personal beliefs about acceptable community standards caused her to get fired for "misconduct" as well. The difference with Apodaca v It’s Burger Time, Inc. 769 P.2d 88 (N.M. 1989) and Natalie Attired's situation is Apodaca asked her manager about changing her appearance on several occasions and was never given a positive or negative response to her request, leading Apodaca to believe there was nothing wrong with the change of her appearance. 2. Application to Client’s Facts: Describe how the holding from the case being briefed could be applied to the facts of your client’s case In Apodaca v It’s Burger Time, Inc. 769 P.2d 88 (N.M. 1989), Apodaca’s refusal to alter her personal appearance in conformity with the employer’s personal beliefs about acceptable community standards does not make her guilty of engaging in "misconduct" and termination for an isolated incident which does not “significantly affect the employer’s business” may not form the basis for denial of benefits on the grounds of misconduct. Being that Ms. Attired has had several good employee evaluations and no other incidents, I believe the court would find in favor of Ms. Attired
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REFERENCES: FIRAC, Case Briefs, and the Anatomy of a Case. 8-2-10 law unit 1 FIRAC power point presentation.
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  • Fall '12
  • UNKNOW
  • Supreme Court of the United States, Unemployment benefits, unemployment compensation, Burger Time, Lucy Apodaca

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