Rodman V. New Mexico

Rodman v. New Mexico Security Department and Presbyterian Hospital

764 P.2d 1316 (N.M. 1988).

Facts:

Rodman was an employee of the Presbyterian Hospital, on February 15, 1987 she was fired after three corrective actions for the same conduct. The misconduct led to the denial of unemployment payments. Rodman was aware of the “last straw” doctrine, however argued that the District Court erred in their decision by applying the rule in her case because she felt that her past conduct on February 15 should not apply because they were the result of a third party which she did not have any control over. Rodman then argued that she should not be denied unemployment benefits as her actions that led to her termination were not deliberately intended under the employer’s policy of conduct.

Issue:

If Rodman’s behavior on February 15, and previous incidents of personal phone calls and unapproved visitors presented a conscious or willful disregard for her employer’s policy.

Rule:

Although the evidence in this case is amenable to more than one reasonable interpretation, we conclude that there was a substantial basis for the District Court to decide that Rodman’s actions on February 15, when considered in light of the restrictions which had been placed upon her an her previous failure to comply with those restrictions, demonstrated a willful disregard for her employers interests.

Analysis:

The facts in this case relate to more than one understanding which determine that there was considerable evidence for the District Court’s decision to determine that Rodman’s actions on February 15, when reflected in whole with Rodman’s history of corrective action and behavior was found by the court to be a conscious or willful disregard for the employer’s policy and is found to be defined as ‘misconduct’.

Conclusion:

The decision of the District Court is affirmed.