...To: Attorney Valdes From: Paralegal Goines Date: 01/06/2016 Re: Natalie Attired claim for wrongfully withholding unemployment compensation against (NMESB) Memorandum Statement of Facts Natalie Attired was an employer at Biddy’s Tea House for three months. She asked another waitress about getting a tattoo. The waitress advised her not to get it where it would be visible or she would be fired. The waitress that gave her the advice was working there for ten years. Natalie did not take the other waitress advice and still got the tattoo. The tattoo was not fully covered by the uniform. The tattoo covered her entire upper right arm. The length was shoulder to elbow. Biddy Baker was not pleased with the tattoo. He asked her to remove the tattoo if she wanted to keep her job. Natalie refused. After the week was finished she was given a termination notice. She applied for unemployment compensation but was terminated for “misconduct”. Questions Presented * Can Natalie Attired file a claim against New Mexico Employment Security Board (NMESB) for wrongfully withholding her unemployment compensation? * Should Natalie be able to receive unemployment compensation? Answers Briefed * No, Natalie cannot file a claim because she was technically in the wrong. She knew that the tattoo was not a good idea for the environment and was warned. * No, Natalie was terminated for “misconduct”. She also was proven to show actions of misconduct. Applicable Statute ...
Words: 447 - Pages: 2
...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 there (attached). There is no employee manual or written...
Words: 1044 - Pages: 5
...fired her due to it being the third warning at her workplace at the time. She was denied unemployment compensation benefits. Issue: Whether the situation of her partner’s phone calls, physical confrontation in the lobby and outside her work place all along with numerous phone calls from her partner disregarding her employer’s feelings, justifies denial of unemployment benefits. Holding: Yes. An employer’s in constitutes misconduct for denial of unemployment benefits. Analysis: The 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...
Words: 960 - Pages: 4
...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...
Words: 413 - Pages: 2
...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...
Words: 410 - Pages: 2
...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...
Words: 1173 - Pages: 5
...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 it where the sun don’t shine” because if the tattoo was visible at work, Natalie would be fired. Natalie’s evaluations continued to improve from September of 2009 through May of 2010. Natalie was always on time for work...
Words: 715 - Pages: 3
...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...
Words: 547 - Pages: 3
...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...
Words: 1087 - Pages: 5
...The New Astrology by SUZANNE WHITE Copyright © 1986 Suzanne White. All rights reserved. 2 Dedication book is dedicated to my mother, Elva Louise McMullen Hoskins, who is gone from this world, but who would have been happy to share this page with my courageous kids, April Daisy White and Autumn Lee White; my brothers, George, Peter and John Hoskins; my niece Pamela Potenza; and my loyal friends Kitti Weissberger, Val Paul Pierotti, Stan Albro, Nathaniel Webster, Jean Valère Pignal, Roselyne Viéllard, Michael Armani, Joseph Stoddart, Couquite Hoffenberg, Jean Louis Besson, Mary Lee Castellani, Paula Alba, Marguerite and Paulette Ratier, Ted and Joan Zimmermann, Scott Weiss, Miekle Blossom, Ina Dellera, Gloria Jones, Marina Vann, Richard and Shiela Lukins, Tony Lees-Johnson, Jane Russell, Jerry and Barbara Littlefield, Michele and Mark Princi, Molly Friedrich, Consuelo and Dick Baehr, Linda Grey, Clarissa and Ed Watson, Francine and John Pascal, Johnny Romero, Lawrence Grant, Irma Kurtz, Gene Dye, Phyllis and Dan Elstein, Richard Klein, Irma Pride Home, Sally Helgesen, Sylvie de la Rochefoucauld, Ann Kennerly, David Barclay, John Laupheimer, Yvon Lebihan, Bernard Aubin, Dédé Laqua, Wolfgang Paul, Maria José Desa, Juliette Boisriveaud, Anne Lavaur, and all the others who so dauntlessly stuck by me when I was at my baldest and most afraid. Thanks, of course, to my loving doctors: James Gaston, Richard Cooper, Yves Decroix, Jean-Claude Durand, Michel Soussaline and...
Words: 231422 - Pages: 926
