PA205 Douglas Kaye Unit 9 assignment

The second issue is whether an employee who refuses

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The second issue is whether an employee who refuses to alter her personal appearance in conformity with the employees personal belief about acceptable community standards has engaged in misconduct under § 59-9-5(b), N.M.S.A.1953? BREIF ANSWERS There is absolutely no evidence Ms. Attired's tattoo significantly affected Biddy’s Tea House and Croissanterie business. Even though Ms. Baker provided two names of patrons' that had a negative opinion of Ms. Attired tattoo, they were still patronizing Biddy's and Ms. Baker could not prove of any loss. Ms. Attired's work record is satisfactory with positive written reviews to support. Under these circumstances, the Board of Review could properly decide that Ms. Attired's refusal to remove her tattoo did not rise to the level of misconduct. APPLICABLE STATUES The Supreme Court of New Mexico in Mitchell v. Lovington Good Samaritan Center, Inc., 555 P.2d 696 (1976) adopted a definition for what constitutes ‘misconduct’ The Supreme Court of New Mexico in Apodaca v It’s Burger Time, Inc. 769 P.2d 88 (N.M. 1989) concluded that Apodaca’s refusal to alter her personal appearance in conformity with the
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employer’s personal beliefs about acceptable community standards does not make her guilty of engaging in misconduct. DISCUSSION The Supreme Court of New Mexico in Mitchell v. Lovington Good Samaritan Center, Inc., 555 P.2d 696 (1976) adopted a definition for what constitutes ‘misconduct’ as ‘misconduct’ . . . is limited to conduct evincing such willful or wanton disregard of an employer’s interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee, or in carelessness or 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
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