PA205 Douglas Kaye Unit 3 assignment

On february 15 when considered in light of the

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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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PA205 Unit 3 Assignment FIRAC THREE CITATION It’s Burger Time, Inc. v. New Mexico Department of Labor Employment Security Department, Board of Review, and Lucy Apodaca, 769 P.2d 88 (1989). CASE NAME IT’S BURGER TIME, INC., Petitioner–Appellee, v. NEW MEXICO DEPARTMENT OF LABOR EMPLOYMENT SECURITY DEPARTMENT, BOARD OF REVIEW and Lucy Apodaca, Respondents–Appellants. COURT UNITED STATES SUPREME COURT JURISDICTION Supreme Court of New Mexico. DOCKET NUMBER No. 17952. DATE OF DECISION February 22, 1989 ATTORNEYS FOR PARTIES 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. NAME OF JUSTICE WRITING THE OPINION RANSOM, Justice.
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PA205 Unit 3 Assignment 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 hygiene and appearance. The handbook did not say anything about hair color. The manager relayed the message to Apodaca who informed him two days later that she had decided to keep her hair color. She was then terminated and filed for unemployment benefits. The Department initially decided that Apodaca was ineligible for compensation because she had been terminated “for refusing to conform to the standards of personal grooming compatible with the work [she was] performing.” The claims officer concluded that this constituted misconduct. Apodaca appealed to the Appeals Tribunal, which affirmed her denial of benefits. She then appealed the Tribunal’s decision to the Department’s Board of Review. After reviewing the record of the
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