Statutes

[Type the company name] |

Billie Rodman v New Mexico |

Professor Pierce |

Catina Rogers |

|

3/23/2014 |

[Type the abstract of the document here. The abstract is typically a short summary of the contents of the document. Type the abstract of the document here. The abstract is typically a short summary of the contents of the document.] |

Rodman v. New Mexico Employment Security Department 764 U.S. P.2d 1316 (1988)

Billie Rodman v New Mexico Employment Security Department and Presbyterian Hospital

Facts:

On February 17, 1987 Billie Rodman was terminated from Presbyterian Hospital following her third corrective action notice after eight years of service. In June of 1986 Rodman was reprimanded for receiving an obscene amount of phone calls and personal visits at her work station, causing disruption to other employees and preventing Rodman from doing her job. Then in November of 1986 another reprimand was issued for the same incidents. Rodman was advised to inform her family to limit the calls and visits to break and lunch times. On February 15, 1987 Rodman began her shift and was once again disrupted by phone calls of a personal nature. Moments later her boyfriend arrived at her work and an argument ensued. Due to the severity of the disruption and the multiple warnings she had received in the previous months, Rodman was sent home and terminated days later for misconduct.

Issue:

Does the amount of personal calls Rodman received merit termination on the basis of misconduct?

Rule:

In 1976 New Mexico adopted a definition to the term “misconduct” via the case Mitchell v. Lovington Good Samaritan Center, Inc., in which an employee was also terminated for misconduct. This case set the precedent that was used to determine if Rodman’s actions could be classified under the definition of misconduct. However, just because Rodman willfully disobeyed her supervisor’s warnings, does not mean that her actions necessarily fall under the category of misconduct. A...