...PA205: Introduction to Legal Analysis and Writing Client Interview – To be used for Unit 4 and for Legal Memorandum (Units 6-9) Notes from Client Interview: Natalie Attired 23 years old Grew up in Albuquerque, New Mexico Attended private schools through 12th grade After graduation in 2007, spent a year in Europe, mostly Paris Returned from Europe in 2008 and enrolled at New Mexico State University, planning to major in Early Childhood Education. After a couple classes, found out that she didn’t like working with small children and reconsidered her career plan. While she attended NMSU, she often went to a local bar called Skully’s, which catered to a mix of college students and members of the local biker community. At Skully’s, she met a 30 year-old man named Zeke Teller, who was a member of the Los Calambres Motorcycle Club. Zeke had three children from three previous relationships. In early 2009, Natalie began riding on his motorcycles and after a few months of hanging around the club became Zeke’s “old lady.” After attending NMSU for one year, Natalie dropped out of school in May 2009 and began working as a waitress at Biddy’s Tea House and Croissanterie in Truth or Consequences, NM. Biddy’s has been in business for over 20 years, and is run by Biddy Baker, age 60. The restaurant serves tea, sandwiches, scones, and desserts. No alcohol is served in the establishment. Biddy’s evaluates waitress’ performance every three months. Natalie received four evaluations while she worked...
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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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...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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...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...
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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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...Memorandum Cassandra M. Stanback-Peterson February 11, 2013 PA205-02 Introduction to Legal Analysis and Writing Professor John Berube Memorandum To: Professor John Berube From: Cassandra M. Stanback-Peterson Date: February 11, 2013 Re: Attired v. Biddy’s Tea House and Croissanterie STATEMENT OF FACTS Our client, Natalie Attired, was denied unemployment compensation after being terminated for “misconduct” from Biddy’s Tea House and Croissanterie. Natalie, began working as a waitress at Biddy’s Tea House and Croissanterie in Truth or Consequences, NM, in May of 2009. When Natalie started, there was no employee manual or written policy about employee conduct. Biddy’s evaluated waitresses’ performance every three months and Natalie received four evaluations while she worked there. Her evaluation from May of 2009 to August of 2009 showed that she was usually on time for work, generally pleasant to the customers and very good at making change without using a calculator. Natalie needed to improve separating her work and personal life as well as struggling with order accuracy. Natalie’s goal was to ask her boyfriend and his friends to come around less often, as they affected the environment in the establishment and to work on achieving 100% order accuracy. After working at Biddy’s for about three months, Natalie told another waitress that her boyfriend wanted her to get a tattoo. The waitress, who worked at Biddy’s for 10 years, told Natalie to “get...
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