2013
VERONICA DECKER 9/30/2013
2013
VERONICA DECKER 9/30/2013
MEMORANDUM

MEMORANDUM

Memorandum

By: Veronica Decker

Unit 6

PA205-02:
Introduction to Legal Analysis and Writing

Professor:
Jacqueline Medenblik

September 30, 2013

Statement of Facts:
Our client is Natalie Attired, Ms. Attired began working as a waitress at Biddy’s Tea House in May 2009. During her time at Biddy’s, Natalie was evaluated four different times. Her evaluations showed improvement. There was no manual or written policy about employee conduct. In June 2010, Natalie purchased a full-sleeve tattoo that covered her entire upper right arm, from shoulder to elbow. The tattoo was partially covered by the waitress uniform, except for the lower portion near her elbow. The owner (Biddy Baker) had told Natalie that, “if the tattoo was not removed, she would be fired.” Natalie then refused to have it removed. She worked the rest of the week and was terminated that Friday. When asked for prove of decline in sales during Natalie’s employment, Ms. Baker could not provide any. However, she did provide the names of two longtime customers who requested a different table when seated in Natalie’s section the day before she was fired because of the tattoo. In July 2010, Natalie filed for unemployment compensation. Her claim was denied by the New Mexico Employment Security Board on the grounds that she was terminated for “misconduct” and was therefore ineligible for unemployment compensation.
Questions Presented:
1. Did Ms. Baker provide proof of Natalie’s appearance having a negatively effect on the business, causing sales and profits to do down?
2. If Natalie’s refusal to remove the tattoo, after instructed to do so by Mr. Baker, constitutes ‘misconduct’ as defined by N.M. Stat. Ann. §51-1-7?
Briefed Answers:
1. Ms. Baker provided no proof of Natalie’s