PA205 Douglas Kaye Unit 3 assignment

Conclusion pa205 unit 3 assignment the decision of

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CONCLUSION
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PA205 Unit 3 Assignment The decision of the district court is reversed and the decision of the Commission is reinstated.
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PA205 Unit 3 Assignment FIRAC TWO CITATION Rodman v. New Mexico Security Department and Presbyterian Hospital, 764 P.2d 1316 (1988). CASE NAME Billie J. RODMAN, Petitioner–Appellant, v. NEW MEXICO EMPLOYMENT SECURITY DEPARTMENT and Presbyterian Hospital, Respondents–Appellees. COURT The United States Supreme Court JURISDICTION Supreme Court of New Mexico. DOCKET NUMBER No. 17721. DATE OF DECISION NOVEMBER 30, 1988 ATTORNEYS FOR PARTIES: Juan A. Gonzalez, Legal Aid Society of Albuquerque, Inc., Albuquerque, for petitioner-appellant. Connie Reischman, New Mexico Employment Sec. Dept., Albuquerque, for respondents- appellees. NAME OF JUSTICE WRITING THE OPINION: RANSOM, Justice FACTS
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PA205 Unit 3 Assignment Rodman had been employed by Presbyterian Hospital when on February 17, 1987 she was terminated following a “third corrective action” notice. At issue is whether the misconduct which warranted the termination rose to the level of misconduct which would warrant the denial of unemployment compensation. Rodman recognizes the “last straw” doctrine, but contends that the district court erred in applying the rule in this case because her infractions on February 15 were the result of third parties over whom she had no control. Rodman contends that she may not be denied unemployment benefits where the “last straw” which led to her termination was not willful or intentional, especially where, under the employer’s policy, she could not have been discharged at all prior to this final incident. ISSUE If substantial evidence existed that Rodman’s conduct on February 15, considered in light of the totality of circumstances including her previous history of personal phone calls and unauthorized visitors, showed a willful or wanton disregard for her employee’s interests, then Rodman’s benefits were properly denied. RULE We believe that termination for a series of incidents which, taken together, may constitute “misconduct” is distinguishable from termination for a single incident following one or more corrective action notices. In the latter event, as here, we hold that the “last straw” must demonstrate a willful or wanton disregard for the employer’s interests for unemployment benefits to be denied. 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
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PA205 Unit 3 Assignment
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