Case Brief

Stacy

PA205-04

Case Brief’s for Rodman &Apodaca

Case Brief Rodman:

Rodman v. New Mexico Security Department and Presbyterian Hospital, 764 P.2d 1316 (N.M. 1988).

Facts: Rodman was employed by Presbyterian Hospital; on February 17, 1987 she was fired following a “third corrective action” notification. The misconduct that justified the firing went to which led to the denial of unemployment payments. Rodman however was aware of the “last straw” doctrine. And contended that the District Court made an error when applying the rule in this case because her indiscretions on February 15. As they were outcomes, of third parties which she had no control over. Rodman then contended that she might not be denied unemployment benefits in which the “last straw” had led to her termination wasn’t deliberate or intended under the employer’s policy, therefore she couldn’t have been let go prior to this last occurrence.

Issue: If evidence existed that Rodman’s behavior on February 15, considered in light of the whole situation including her preceding history of private phone calls and unapproved visitors, presented a conscious neglect for her employee’s rules therefore Rodman’s profits were appropriately deprived of.

Rule: Termination for a series of instances which together could constitute “misconduct” is distinct from termination for a single incident resulting one or more corrective action notices. In the later event, as here, we hold that the “last straw” must prove a willful or wanton disregard for the employer’s interests for unemployment benefits to be denied.

Analysis: Evidence in this case is amenable to more than one sensible understanding which concludes that there was a considerable basis for the District Court’s decision to decide that Rodman’s actions on February 15, when reflected in light of the limitations which were placed upon her and her previous letdown to obey with those limits, verified a conscious disregard.

Conclusion: The decision of the...