Rodman v. N.M. Employment Sec. Dept., 764 P.2d 1316 (N.M. 1988)

Facts
On February 17, 1987 Rodman’s employment from Presbyterian Hospital was terminated under the hospitals third corrective action policy. Rodman was reprimanded on June of 1986 for receiving an inordinate number of personal phone calls and visitors at her work station. This was not only disruptive to Rodman’s work, but her co-workers as well.

Issue
Did Ms. Rodman’s actions constitute misconduct under the §51-1-7, N.M.S.A. 1978 Statute?

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.

Analysis
Ms. Rodman's repeated actions of phone calls, and visitors, and leaving the hospital after being notified by a supervisor that this behavior was unacceptable. This showed a complete disregard for her employer’s interests.

Conclusion
District court stated when considering the restrictions which had been placed upon Ms. Rodman and her previous failure to comply with those restrictions, demonstrated a willful disregard for her employer’s interests.

Analogizing/Distinguishing
Similarities in the case of Ms. Rodman and Ms. Attired are the fact that they both struggled to keep their home life and work life separate. For example Ms. Rodman was asked many times to stop using the company phone for personal phone calls because of it being disruptive to the work environment. Ms. Attired was asked to not have her boyfriend at the restaurant every day. When he was