{[ promptMessage ]}

Bookmark it

{[ promptMessage ]}

PA205 Douglas Kaye Unit 9 assignment

Performance as the result of inability or incapacity

Info icon This preview shows pages 3–5. Sign up to view the full content.

View Full Document Right Arrow Icon
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. In Rodman v. New Mexico Employment Sec. Dept., 764 P.2d 1316 (N.M.1988) Rodman had been employed by Presbyterian Hospital when she was terminated following a “third corrective action” notice. At issue was 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 contended 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
Image of page 3

Info icon This preview has intentionally blurred sections. Sign up to view the full version.

View Full Document Right Arrow Icon
where, under the employer’s policy, she could not have been discharged at all prior to this final incident. The Supreme Court of New Mexico found that benefits can be denied for prior acts if the totality of the circumstances demonstrates that the act infringes on the employer’s expectations. Since Ms. Attired has not had any other issues and The Supreme Court of New Mexico in Apodaca v It’s Burger Time, Inc. 769 P.2d 88 (N.M. 1989) also found that a single act of misconduct does not meet the statutory standard for denial of benefits, Ms.Attired’s refusal to remove her tattoo does not constitute misconduct. The Supreme Court of New Mexico in Apodaca v It’s Burger Time, Inc. 769 P.2d 88 (N.M. 1989) Apodaca was 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
Image of page 4
Image of page 5
This is the end of the preview. Sign up to access the rest of the document.

{[ snackBarMessage ]}

What students are saying

  • Left Quote Icon

    As a current student on this bumpy collegiate pathway, I stumbled upon Course Hero, where I can find study resources for nearly all my courses, get online help from tutors 24/7, and even share my old projects, papers, and lecture notes with other students.

    Student Picture

    Kiran Temple University Fox School of Business ‘17, Course Hero Intern

  • Left Quote Icon

    I cannot even describe how much Course Hero helped me this summer. It’s truly become something I can always rely on and help me. In the end, I was not only able to survive summer classes, but I was able to thrive thanks to Course Hero.

    Student Picture

    Dana University of Pennsylvania ‘17, Course Hero Intern

  • Left Quote Icon

    The ability to access any university’s resources through Course Hero proved invaluable in my case. I was behind on Tulane coursework and actually used UCLA’s materials to help me move forward and get everything together on time.

    Student Picture

    Jill Tulane University ‘16, Course Hero Intern