Essay on CASE Brief

962 Words Jun 2nd, 2014 4 Pages
Case Brief
764 P.2d 1316
Supreme Court of New Mexico.
Billie J. RODMAN, Petitioner–Appellant,
NEW MEXICO EMPLOYMENT SECURITY DEPARTMENT and Presbyterian Hospital, Respondents–Appellees.
No. 17721.Nov. 30, 1988.
Written By: Lawrence Pelkey

Billie J. Rodman, Appellant was employed by Presbyterian Hospital as a unit secretary for eight years when, on Feb 17, 1987, she was terminated under hospital personnel policies following a “third corrective action” notice.
Prior restrictions had been placed on Rodman’s conduct due to personal problems adversely impacting upon her place of work.
Rodman was reprimanded in June 1986 for receiving an inordinate number of personal telephone calls and visitors at her work station,
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She resumed working, but, as the shift progressed, more telephone calls were received for her in the department. The supervisor became frustrated with the volume of calls and the behavior of Rodman. It was determined that Rodman should be sent home. Thereafter she was terminated.
At Issue is whether the misconduct which warranted termination from unemployment 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.
Whether the events of a third party constituted the “last straw doctrine.”

“[M]isconduct” * * * is limited to conduct evincing such wilful or wanton disregard of an employer’s interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee, or in carelessness or negligence of such degree or recurrence as to manifest equal culpability * * *. [M]ere 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.

Rodman had a history of wanton or wilful disregard for the employer’s interest and was discharged for the accumulation of

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