Supreme Court of New Mexico

555 P.2d 696 (1976)

Supreme Court of New Mexico

Zelma M. Mitchell, Plaintiff- Appellee,

V.

Lovington Good Samaritan Center, Inc., Defendant-Appellant.

No. 10847.Oct. 27, 1976

FACTS:

The Lovington Good Samaritan Center, Inc. terminated Mrs. Mitchell on June 4, 1974 for “misconduct.” On June 22, 1974, Mrs. Mitchell applied for unemployment compensation benefits and was disqualified for benefits. Mrs. Mitchell filed an appeal, in which the Appeal Tribunal reversed the decision of the Unemployment Security Commission and reinstated Mrs. Mitchell benefits on August 28, 1974. However, On September 13, 1974, The Lovington Good Samaritan Center filed an appeal regarding the reinstatement of benefits and the commission overturned the ruling of the Appeal Tribune and reinstated the seven week disqualification period. Mrs. Mitchell filled appeal and was granted certiorari from the decision of the Commission to the District Court of Bernalillo County Pursuant to §59-9-6(K), N.M.S.A.1953. The ruling on January 16, 1976 by the District Court judge overturned the Commission’s decision and ordered Mrs. Mitchell benefits reinstated.

ISSUE:

Were the actions of Mrs. Mitchell constituted misconduct under § 59-9-5(b), N.M.S.A.1953?

RULE:

The term “Misconduct” is not defined under Unemployment Compensation Law § 59-9-5(b), N.M.S.A.1953. The Wisconsin Supreme Court reviewed the terms of the misconduct subsection of its unemployment Compensation act and found that there was no statutory definition of misconduct and formulated the meaning of the term “Misconduct”. The State of New Mexico adapted the definition of the Wisconsin Supreme Court in Boynton Cab Co. V. Neubeck, § 237 Wis.249, 259-60, 296 N.W. 636, 640 (1941).

APPLICATION:

The facts of the case are that Mrs. Mitchell willfully disregarded the interest of the Lovington Good Samaritan Center. Although each separate incident may not have been sufficient in itself to constitute misconduct, taken in totally, Mrs....