PA205 Douglas Kaye Unit 4 assignment LATE SUBMISSION04242012

Negligence of such degree or recurrence as to

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negligence of such degree or recurrence as to manifest equal culpability, wrongful intent or evil design or to show an intentional and substantial disregard of the employer’s interests or of the employee’s duties and obligations to his employer. On the other hand mere inefficiency, unsatisfactory conduct, failure in good performance as the result of inability or incapacity, inadvertencies or ordinary negligence in isolated instances, or good faith errors in judgment or discretion are not to be deemed ‘misconduct’ within the meaning of the statute. We adopt this definition. Applying this definition of misconduct to the facts of the case before us, we hold that Mrs. Mitchell’s acts constituted misconduct. *578 **699 Mrs. Mitchell’s insubordination,
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improper attire, name calling, and other conduct evinced a willful disregard of the interests of the Center. Although each separate incident may not have been sufficient in itself to constitute misconduct, taken in totality Mrs. Mitchell’s conduct deviated sufficiently to classify it as misconduct under the above test. Appellee’s argument that the ‘last straw’ doctrine should not be used is hereby rejected. The district court is reversed and the decision of the Commission is reinstated. McMANUS and EASLEY, JJ., concur. ANALYSIS Although the evidence in this case is amenable to more than one reasonable interpretation, we conclude that there was a substantial basis for the district court to decide that Rodman’s actions on February 15, when considered in light of the restrictions which had been placed upon her and her previous failure to comply with those restrictions, demonstrated a willful disregard for her employer’s interests. CONCLUSION Decision of the district court is affirmed; Claimant’s termination demonstrated willful disregard for her employer’s interests, therefore, unemployment compensation is denied.
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FIRAC THREE Apodaca v It’s Burger Time, Inc. 769 P.2d 88 (N.M. 1989) IT’S BURGER TIME, INC., Petitioner–Appellee, v. NEW MEXICO DEPARTMENT OF LABOR EMPLOYMENT SECURITY DEPARTMENT, BOARD OF REVIEW and Lucy Apodaca, Respondents–Appellants. UNITED STATES SUPREME COURT Supreme Court of New Mexico. No. 17952. February 22, 1989 Jose R. Coronado, Southern New Mexico Legal Services, Inc., Las Cruces, Connie Reischman, New Mexico Dept. of Labor, Albuquerque, for respondents-appellants. Kelly P. Albers, Lloyd O. Bates, Jr., Las Cruces, for petitioner-appellee. RANSOM, Justice. FACTS Lucy Apodaca was employed with It’s Burger Time, Inc., and during her time of employment there were no complaints concerning the performance of her work. Several times Apodaca inquired to the store manager about how the store owner would react if she were to dye her hair purple. Apparently, the manager never did ask him about the matter, after several weeks Apodaca went ahead and dyed her hair. The owner saw Apodaca’s hair for the first time two days later, and instructed the manager to give her a week whether she wanted to keep her hair color or her job. He stated that he could not wait for this incident to take a toll on his business. Apodaca had signed the company handbook upon being hired which instructed employees of acceptable
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hygiene and appearance. The handbook did not say anything about hair color. The manager
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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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