Pa205 Case Brief

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

FACTS: Rodman was terminated from the Presbyterian Hospital on February 17, 1987 under hospital personnel policies following a “third corrective action” notice. She had been having many calls and visitations from people while she was at work and on the clock. It was disrupting to patients as well as other employee’s.

ISSUE: Whether the misconduct which warranted termination from employment rose to the level of misconduct which would warrant denial of unemployment compensation under NMSA 1978, Section 51-1-7 of the Unemployment Compensation Law?

RULE: The court used the following definition in determining misconduct in this case:

The court recognized that even an act of willful disobedience which leads to termination will not always rise to the level of “misconduct” when the act is an isolated incident in an otherwise favorable employment history and the incident does not cause significant disruption of the employer’s legitimate interests. Alonzo v. New Mexico Employment Security Department, 101 N.M. 770, 689 P. 2d 286 (1984).

APPLICATION: The court applied the definition of misconduct to Rodman’s actions and concluded that if substantial evidence existed 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 employer’s interest, then Rodman’s benefits were properly denied. The court also concluded that the “last straw” doctrine applied in this case.

CONCLUSION: The decision of the district court is affirmed and the Commission made the correct decision in denying Rodman’s benefits.

Apodaca v. Its Burger Time, Inc., 769 P.2d 88 (N.M. 1989).

FACTS: Apodaca was terminated from Its Burger Time, Inc. for misconduct. She asked her manager what the owner would think if she was to dye her hair purple. The manger never gave her an answer so...