...RE:Our client Natalie Attired; denial of unemployment benefits for alleged misconduct Introduction Natalie Attired was terminated from her employment because she got a tattoo that was visible on her arm and refused to have it removed. Natalie never received an employee handbook on policies and procedure prior to her being hired. Claimm of Apodaca 108 N.M. 175, 769 P.2d 88,(N.M. 1989) I think our clients case will be in our favor, she was terminated due to misconduct however, her tattoo had nothing to do with going against regulations because she never had anything in writing outlining what policies and procedures . Facts Natalie Attired began working as a waitress at Biddy’s Tea House and Croissanterie in May 2009. In June 2010, Natalie spent $XX on a full-sleeve tattoo which covered her entire upper right arm from shoulder to elbow. The tattoo was partially covered by the waitress uniform, but the lower portion near the elbow could be seen when the short-sleeved uniform was worn.. Natalie refused to remove the tattoo. She worked at Biddy’s for the rest of the week and was given a termination notice on Friday.She was fired on the basis of misconduct and was denied unemployment compensation. There was no proof in decline in sales. Issue Did Ms. Attired actions constitute misconduct and denial of benefits under New Mexico Statutes Annotated § 51-1-7? Rules New Mexico Statutes Annotated, § 51-1-7 § 51-1-7. Disqualification for benefits An individual...
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...SAMPLE LEGAL MEMORANDUM TO: Professor Pruitt FROM: Cristopher L. Butler DATE: 6-26-2012 SUBJECT: Natalie Attired Unemployment Compensation Claim. STATEMENT OF FACTS July 2010, Ms. Natalie Attired filed and was denied unemployment compensation benefits on the grounds of “misconduct”. May 2009, Ms. Attired began employment with Biddy’s Tea House where she received work performance evaluation every 3 months during her time of employment. Ms. Attired received a total of four evaluations ( attached), which showed constant improvement with no reprimands. June 2010, Ms. Attired purchased a full-sleeve tattoo (photo attached) which covered the entire upper right arm; there was an incident where the lower portion of the tattoo could be seen below the short sleeve uniform. Ms. Baker the owner advised Ms. Attired that if she did not remove the tattoo she would be fired. Ms. Attired refused to remove the tattoo,she was terminated on that Friday for misconduct. Ms. Biddy Baker has stated there is no employee manual or written policy about employee conduct or work attire. Ms. Baker also has not provided any proof of a decline in sales during Ms. Attired’s employment. All Ms. Baker provided was names of two customers who requested to be moved from Ms. Attired ‘section due to her tattoo. ISSUE/QUESTION PRESENTED 1. The issue in this case is whether Natalie Attired’s failure to remove her tattoo when instructed by her employer to do so constitutes “misconduct”...
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...evidence of misconduct was based off of District Court decisions in which justified Rodman’s actions towards the situations being that she was on limitations at her place of employment and no interest in her employer’s interest. Disposition: The decision from the District Court was to consider Rodman demonstrating a willful disregard for her employer’s interests. This caused her to have misconduct and not get her unemployment compensation benefits. Leaving the District Court decision to be affirmed. Analogizing Distinguishing: There was an analogy between the Rodman case and the client Natalie Attired statement which was that the termination was for misconduct and was ineligible for unemployment just as Rodman was denied benefits due to her misconduct. The distinguishment qualities of the Rodman case and client Natalie Attired is that Rodman was reprimanded 3 times prior to termination and Natalie never was...
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...Unit 6 Assignment Kaplan University Introduction to Legal Analysis and Writing PA205 LEGAL MEMORANDUM To: From: Date: Subject: Natalie Attired Unemployment Compensation Claim Facts: July 2010, Ms. Natalie Attired filed and was denied unemployment compensation benefits on the grounds of “misconduct”. May 2009, Ms. Attired began employment with Biddy’s Tea House where she received work performance evaluation every 3 months during her time of employment. Ms. Attired received a total of four evaluations, which showed constant improvement and no reprimands. June 2010, Ms. Attired purchased a full-sleeve tattoo (photo attached) which covered the entire upper right arm; there was an incident where the lower portion of the tattoo could be seen below the short sleeve uniform. Ms. Baker the owner advised Ms. Attired that if she did not remove the tattoo she would be fired. Ms. Attired refused to remove the tattoo and she was terminated on that Friday for misconduct. Ms. Biddy Baker stated that there is no employee manual or written policy about employee conduct or work attire. Ms. Baker also failed to provide any proof of a decline in sales during Ms. Attired’s employment. All Ms. Baker provided was the names of two customers who requested to be moved from Ms. Attired ‘section due to her tattoo. Issue: The issue in this case is whether Ms. Attired’s failure to remove her tattoo when instructed to do so by her employer constitutes “misconduct” as defined by New Mexico Statute...
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...LEGAL MEMORANDUM To: From: Nimrod Vigilance Date: 8/26/2012 Subject: Natalie Attired Unemployment Compensation Claim Facts: In May 2009, Ms. Attired began employment with Biddy’s Tea House where she received work performance evaluation every 3 months during her time of employment. Ms. Attired received a total of four evaluations, which showed constant improvement and no reprimands. In June 2010, Ms. Attired purchased a full-sleeve tattoo (photo attached) which covered the entire upper right arm; there was an incident where the lower portion of the tattoo could be seen below the short sleeve uniform. Ms. Baker the owner advised Ms. Attired that if she did not remove the tattoo she would be fired. Ms. Attired refused to remove the tattoo and she was terminated on that Friday for misconduct. In July 2010, Ms. Natalie Attired filed and was denied unemployment compensation benefits on the grounds of “misconduct”. Ms. Biddy Baker stated that there is no employee manual or written policy about employee conduct or work attire. Ms. Baker also failed to provide any proof of a decline in sales during Ms. Attired’s employment. All Ms. Baker provided was the names of two customers who requested to be moved from Ms. Attired ‘section due to her tattoo. Issue: The issue in this case is whether Ms. Attired’s failure to remove her tattoo when instructed to do so by her employer constitutes “misconduct” as defined by New Mexico Statute §51-1-7. Brief Answer: No. Ms. Attired’s...
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...Statement of Facts: Natalie Attired has come to the law firm to see if she is eligible for unemployment benefits. Natalie filed for unemployment compensation in July 2010. The New Mexico Employment Security Board denied the claim on the grounds Natalie was fired for “misconduct”. In May of 2009, Natalie Attired began work at Biddy’s Tea House. Over the course of her employment, she received four employee evaluations all of which showed improvement over time. The first employee evaluation asked Natalie to have her boyfriend and friends come to work less often. The second employee evaluation stated the boyfriend and friends were coming around less often. The third employee evaluation stated that Natalie needed to work on not calling people names when they didn’t leave a tip. The fourth employee evaluation noted improvement. In June of 2010, Natalie got a full-sleeve tattoo that covered her entire upper right arm, from shoulder to elbow. The uniform worn at Biddy’s Tea House did partially cover the tattoo, but the lower portion could still be seen. The owner, Biddy Baker, did not approve of the change in Natalie’s appearance, and told her to have the tattoo removed or she would be fired. Natalie did not remove the tattoo, and was given a termination notice on Friday after working all week. Mrs. Baker stated that the clientele of Biddy’s Tea House would be “appalled and disgusted” by the tattoo, which would lead to a decline in business. Mrs. Baker was not able to provide proof...
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...Statutes Annotated; however, the Wisconsin Supreme Court case Boynton Cab Co. v. Neubeck, 237 Wis. 249, 259-60, 296 N.W. 636, 640 (Wis.1941) formulated a definition which the Supreme Court of New Mexico adopted. This law states misconducted occurs with any of the following: disregards the standard of behavior, to show an intentional and substantial disregard of the employer’s interest, and disregard of the employer’s duties. Such actions as inefficiency, unsatisfactory conduct are not to be deemed as misconduct. (ld.) Analysis: With the definition of misconduct being adopted by the courts Mrs. Mitchell’s acts of name calling (terms such as birdbrain and “white” girl), improper attire (wearing non uniform pants), and insubordination (refusing job assignments and singing after being told to stop) on multiple occasions shows sufficient misconduct. The incidents as a whole show a consistent disregard for the center and Mrs. Mitchell’s co-workers. Decision: Therefore, as a result it is clear that Mrs. Mitchell committed various forms of misconduct over a three month period on her own accord with complete disregard by the requests of her employer to correct the mentioned actions. Analogizing / Distinguishing: This case and the case involving Natalie Attired both involve the use of improper language at work, which considered to be misconduct. Mitchell used derogatory language with other employees while Attired called customer names for not leaving what she felt was...
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...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...
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...FACTS: Ms. Natalie Attired filed and was denied unemployment compensation benefits on the grounds of “misconduct” in July of 2010. She began working as a waitress at Biddy’s Tea House in May of 2009 and she received work performance evaluations every three months during her time of employment. Ms. Attired received a total of four evaluations, which showed constant improvements. In June of 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 her uniform, with the exception of the lower portion near her elbow. The owner, Biddy Baker told Natalie that, “If the tattoo was not removed, she would be fired”. Natalie refused to have it removed. She worked the remaining of that week and was terminated that Friday for misconduct. Ms. Baker could not provide any proof of decline in sales during Natalie’s employment. 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 due to the tattoo. Natalie filed for unemployment compensation benefits in July of 2010. Her claim was denied by the New Mexico Employment Security Board on the grounds that she was terminated for “misconduct” and was ineligible for unemployment compensation. ISSUE: The issue in this case is whether Ms. Attired’s failure to remove her tattoo when instructed to do so by her employer constitutes “misconduct” as defined by N...
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...Memorandum TO: Senior Partner FROM: paralegal RE: Our new client Natalie Attired DATE: 10/07/2014 ----------------------------------------------------------------------------------------------- Statement of Facts: When Ms. Attired began working at Biddy’s Restaurant she did not have to sign an employee handbook that could have easily covered the employer’s preferences including preferences on personal appearance for employees. Attired was fired from Biddy’s one week after getting a tattoo on her arm that was visible under her work uniform, Ms. Attired applied for and was denied unemployment compensation for alleged misconduct. Question(s) Presented: I. Is termination justifiable when the employer does not have a handbook specifying what is acceptable for an employee’s personal appearance? II. Can it be considered misconduct when an employee refuses to remove a tattoo based on N.M. Stat. Ann. §51-1-7? III. Did Ms. Attired’s appearance affect business at Biddy’s? Brief Answers: I. Ms. Attired did not sign an employee handbook but she may have signed a waiver to termination at the employer’s request and without reason. II. There is no information about tattoos having anything to do with misconduct as defined by N.M. Stat. Ann. §51-1-7 and there are obvious ways Ms. Attired could have easily covered up her tattoo with sleeves had the establishment permitted it. III. Biddy’s had a few long term customers that requested a different section...
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...(A) Statement of the facts: Natalie Attired was employed at Biddy’s Teahouse Restaurant, owned by Biddy Baker age 60. Biddy’s has been in business for 20 years, no alcohol is served there. After being employed for three months, Attired purchased a full sleeve tattoo that covered her entire upper right arm. The tattoo was partially covered by her uniform, but the lower portion near the elbow was exposed. Baker was upset at the change in Attired’s physical appearance. Attired was immediately told by Baker to remove the tattoo or she would be terminated. Attired failed to remove the tattoo, she worked at Biddy’s for the rest of the week and was given a termination notice. Baker said her customers would be “appalled and disgusted” and this would lead to a decline in profits. Baker was unable to provide any proof that Attired’s tattoo actually caused the restaurant to lose money. Attired’s job performance had been evaluated every three months. There were a total of four evaluations, only one had an unfavorable remark. The Dec 2009-Feb 2010 evaluation said that Attired was told that it is not alright to call a customer a name because he did not leave you a tip. There is no employee manual or written policy about employee conduct. Attired applied but was denied unemployment benefits under the grounds that she was guilty of employee misconduct. (B) At issue in this case is whether an employee who refuses to alter her personal appearance in conformity with the employer’s personal beliefs...
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...8-Assignment Memo Statement of Facts: Natalie Attired a 23 year old female began working as a waitress at Biddy’s’ Tea House and Croissanterie in Truth or Consequences, New Mexico in May of 2009. Thirteen months after starting working for Biddy’s Tea House Mrs. Attired got a full-sleeve tattoo on her upper forearm. The tattoo was only partially covered by the waitress uniform required to be worn by the employee. Biddy Baker, the owner of Biddy’s Tea House told Ms. Attired to have the tattoo removed or be fired. Ms. Attired refused to have the tattoo removed and was terminated the following Friday one week from being warned. Mrs. Attired had be warned by a “seasoned” employee of 10 years of Biddy’s Tea House that if the tattoo was visible she would be terminated. Other than the warning of her coworker there are no written rules or handbooks outlining personal appearance including but not limited to tattoos. Mrs. Attired would like to know if she can sue the New Mexico Employment Security Board for denying her unemployment benefits under N.M. Stat. Ann. Sec. 51-1-7 (West, 2012) after ruling she was terminated from her employment due to misconduct. Biddy Baker, owner of Biddy’s Tea House states her reasoning for terminating Ms. Attired is as follows: The “more mature” clients of the Tea House would be “disgusted and appalled” by the tattoo. Ms. Baker was unable to provide proof to a decline in revenue due to Ms. Attireds appearance. Ms. Baker did provide the names...
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...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...
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...COSTUME AND FASHION SOURCE BOOKS Elizabethan England Kathy Elgin Copyright © 2009 Bailey Publishing Associates Ltd Produced for Chelsea House by Bailey Publishing Associates Ltd, 11a Woodlands, Hove BN3 6TJ, England Project Manager: Patience Coster Text Designer: Jane Hawkins Picture Research: Shelley Noronha Artist: Deirdre Clancy Steer All rights reserved. No part of this book may be reproduced or utilized in any form or by any means, electronic or mechanical, including photocopying, recording, or by any information storage or retrieval systems, without permission in writing from the publisher. For information contact: Chelsea House, an imprint of Infobase Publishers, 132 West 31st Street, New York, NY 10001. Library of Congress Cataloging-in-Publication Data Elgin, Kathy. Elizabethan England / Kathy Elgin. p. cm. — (Costume source books) Includes bibliographical references and index. ISBN 978-1-60413-379-0 1. Clothing and dress—England—History—16th century—Juvenile literature. 2. England—Social life and customs—16th century— Juvenile literature. I. Title. II. Series. GT734.E44 2009 391.00942'09031—dc22 2008047258 Chelsea House books are available at special discounts when purchased in bulk quantities for businesses, associations, institutions, or sales promotions. Please call our Special Sales Department in New York on (212) 967-8800 or (800) 322-8755. You can find Chelsea House on the World Wide Web at: http://www.chelseahouse.com. Printed and bound in Hong Kong...
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...THE STORY OF MY LIFE By Helen Keller With Her Letters (1887-1901) And Supplementary Account of Her Education, Including Passages from the Reports and Letters of her Teacher, Anne Mansfield Sullivan, By John Albert Macy Special Edition CONTAINING ADDITIONAL CHAPTERS BY HELEN KELLER To ALEXANDER GRAHAM BELL Who has taught the deaf to speak and enabled the listening ear to hear speech from the Atlantic to the Rockies, I dedicate this Story of My Life. CONTENTS Editor's Preface I. THE STORY OF MY LIFE CHAPTER I CHAPTER II CHAPTER III CHAPTER IV CHAPTER V CHAPTER VI CHAPTER VII CHAPTER VIII CHAPTER IX CHAPTER X CHAPTER XI CHAPTER XII CHAPTER XIII CHAPTER XIV CHAPTER XV CHAPTER XVI CHAPTER XVII CHAPTER XVIII CHAPTER XIX CHAPTER XX CHAPTER XXI CHAPTER XXII CHAPTER XXIII II. LETTERS(1887-1901) INTRODUCTION III: A SUPPLEMENTARY ACCOUNT OF HELEN KELLER'S LIFE AND EDUCATION CHAPTER I. The Writing of the Book CHAPTER II. PERSONALITY CHAPTER III. EDUCATION CHAPTER IV. SPEECH CHAPTER V. LITERARY STYLE Editor's Preface This book is in three parts. The first two, Miss Keller's story and the extracts from her letters, form a complete account of her life as far as she can give it. Much of her education she cannot explain herself, and since a knowledge of that is necessary to an understanding of what she has written, it was thought best to supplement her autobiography with the reports and letters of her teacher, Miss Anne Mansfield Sullivan. The addition...
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