555 P.2d 696
Supreme Court of New Mexico.
Zelma M. MITCHELL, Plaintiff-Appellee,
v.
LOVINGTON GOOD SAMARITAN CENTER, INC., Defendant-Appellant.
No. 10847.Oct. 27, 1976.
Appeal was taken from an order of the District Court, Bernalillo County, Richard B. Traub, D.J., reversing a decision of the Unemployment Security Commission and awarding benefits to discharged employee. The Supreme Court, Sosa, J., held that employee’s insubordination, improper attire, name calling and other conduct evidencing wilful disregard of employer’s interests constituted ‘misconduct’ disqualifying her from receiving certain unemployment benefits.
Reversed.
Attorneys and Law Firms
*576 **697 Heidel, Samberson, Gallini & Williams, Jerry L. Williams, Lovington, …show more content…
In such cases, courts have applied a “totality of circumstances” or “last straw” test to determine whether, taken together, this series of incidents constitutes misconduct sufficient to disqualify the claimant from receiving benefits. Mitchell v. Lovington Good Samaritan Center, Inc., 89 N.M. 575, 555 P.2d 696 (1976).
Rodman recognizes the “last straw” doctrine, but contends that the district court erred in applying the rule in this case because her infractions of February 15 were the result of acts of third parties over whom she had no physical or legal control. Appellant contends that she may not be denied unemployment benefits where the “last straw” which led to her termination was not willful or intentional, especially where, under the employer’s personnel policy, she could not have been discharged at all before this final …show more content…
New Mexico Employment Security Department, 101 N.M. 770, 772, 689 P.2d 286, 288 (1984), we recognized that termination for an isolated incident which does not “significantly affect[ ] the employer’s business” may not form the basis for denial of benefits on the grounds of misconduct. In Alonzo, an employee was terminated after refusing to wear a smock when working at the cash register as required by company policy. Id. at 771, 689 P.2d at 287. As here, the employee’s previous work history was completely satisfactory, and there was no evidence that the employer’s business interests had been affected. Alonzo should be compared with Trujillo v. Employment Security Department, 105 N.M. 467, 471–72, 734 P.2d 245, 249–50 (Ct.App.1987), which held that failure to report for overtime work pursuant to an employment contract provision allowing the employer to draft employees in emergency situations constituted misconduct, when the evidence demonstrated that the orders directing employees to report early to work were explicit and not confusing. In Trujillo, unlike Alonzo, failure to comply with the employer’s request was recognized as having significantly affected the employer’s interest. See also Thornton v. Dep’t of Human Resources Dev., 32 Cal.App.3d 180, 107 Cal.Rptr. 892 (1973) (refusal of restaurant employee to shave beard immediately or be terminated was not misconduct when employer failed to show that beard was unsanitary or otherwise detrimental to business); cf.
Supreme Court of New Mexico.
Zelma M. MITCHELL, Plaintiff-Appellee,
v.
LOVINGTON GOOD SAMARITAN CENTER, INC., Defendant-Appellant.
No. 10847.Oct. 27, 1976.
Appeal was taken from an order of the District Court, Bernalillo County, Richard B. Traub, D.J., reversing a decision of the Unemployment Security Commission and awarding benefits to discharged employee. The Supreme Court, Sosa, J., held that employee’s insubordination, improper attire, name calling and other conduct evidencing wilful disregard of employer’s interests constituted ‘misconduct’ disqualifying her from receiving certain unemployment benefits.
Reversed.
Attorneys and Law Firms
*576 **697 Heidel, Samberson, Gallini & Williams, Jerry L. Williams, Lovington, …show more content…
In such cases, courts have applied a “totality of circumstances” or “last straw” test to determine whether, taken together, this series of incidents constitutes misconduct sufficient to disqualify the claimant from receiving benefits. Mitchell v. Lovington Good Samaritan Center, Inc., 89 N.M. 575, 555 P.2d 696 (1976).
Rodman recognizes the “last straw” doctrine, but contends that the district court erred in applying the rule in this case because her infractions of February 15 were the result of acts of third parties over whom she had no physical or legal control. Appellant contends that she may not be denied unemployment benefits where the “last straw” which led to her termination was not willful or intentional, especially where, under the employer’s personnel policy, she could not have been discharged at all before this final …show more content…
New Mexico Employment Security Department, 101 N.M. 770, 772, 689 P.2d 286, 288 (1984), we recognized that termination for an isolated incident which does not “significantly affect[ ] the employer’s business” may not form the basis for denial of benefits on the grounds of misconduct. In Alonzo, an employee was terminated after refusing to wear a smock when working at the cash register as required by company policy. Id. at 771, 689 P.2d at 287. As here, the employee’s previous work history was completely satisfactory, and there was no evidence that the employer’s business interests had been affected. Alonzo should be compared with Trujillo v. Employment Security Department, 105 N.M. 467, 471–72, 734 P.2d 245, 249–50 (Ct.App.1987), which held that failure to report for overtime work pursuant to an employment contract provision allowing the employer to draft employees in emergency situations constituted misconduct, when the evidence demonstrated that the orders directing employees to report early to work were explicit and not confusing. In Trujillo, unlike Alonzo, failure to comply with the employer’s request was recognized as having significantly affected the employer’s interest. See also Thornton v. Dep’t of Human Resources Dev., 32 Cal.App.3d 180, 107 Cal.Rptr. 892 (1973) (refusal of restaurant employee to shave beard immediately or be terminated was not misconduct when employer failed to show that beard was unsanitary or otherwise detrimental to business); cf.