Mitchell V. Rodman V. Apodaca

Mitchell v. Lovington Good Samaritan Center, Inc

For class dated 06/05/2012

PA205: Unit 3

Kaplan University

Prof: Carla Pruitt

The Parties

• Plaintiff - Zelma M. Mitchel

• Defendant - Lovington Good Samaritan Center, Inc.

• Appellant - Zelma M. Mitchell

• Respondent - Lovington Good Samaritan Center, Inc.,

The Heading

Mitchell v. Lovington Good Samaritan Center, Inc., 555 P.2d 696 (1976)

Procedural History

Plaintiff appeals misconduct charge to win verdict

The Facts

• On June 4, 1974, Mrs. Mitchell employment was terminated from the Lovington Good Samaritan Center

• Initially Mrs. Mitchell was disqualified seven weeks of her unemployment compensation benefits.

• August 28, 1974 after an appeal Mrs. Mitchell unemployment compensation benefits were reinstated.

The Issue

Did Mrs. Mitchell's actions constitute misconduct under the §59-9-5(b), N.M.S.A. 1953 statute?

The Rule

Misconduct” is limited to conduct evincing such willful or wanton disregard of an employer’s interest as is found in deliberate violations or disregard of standards of behavior which the employer had the right to expect of his employee, or in carelessness or negligence of such degree or recurrence as to manifest equal culpability, wrongful intent or evil design or to show an intentional disregard of the employer’s interests or of the employee’s duties and obligations to his employer. On the other hand mere inefficiency, unsatisfactory conduct, failure in good performance as the result of inability or incapacity, inadvertencies or ordinary negligence in isolated instances, or good faith errors in judgment or discretion are not to be deemed “misconduct” within the meaning of the statute.

Pasted from

The Application

Mrs. Mitchell's occasional improper attire, name calling, and insubordination may not have been in the best interest of the Lovington Good Samaritan Center, these incidences happened at...