...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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...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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...FIRAC Case Brief PA205: Introduction to Legal Analysis and Writing Angela Harbin Kaplan University Mitchell v. Lovington Good Samaritan Center, Inc., 555 P.2d 696 (N.M. 1976) FACTS: Zelma Mitchell’s employment at Lovington Good Samaritan Center, Inc. was terminated for alleged misconduct. The alleged misconduct included refusing to administer medication as part of her duties, singing while counting medication which is unethical as it is a distraction, coming to work out of uniform on more than one occasion, filling in time card without having worked the hours recorded, and the “last straw” was being combative towards other employees. ISSUE: Do the actions of Mrs. Mitchell during her employment at the Center constitute misconduct enough to disqualify her from collecting unemployment compensation? RULE: Boynton Cab Co. v. Newbeck, 237 Wis. 249, 259-60, 296 N.W. 636, 640 (1941) states “…’misconduct’… is limited to conduct evincing such willful or wanton disregard of an employer’s interests as is found in deliberate violations or disregard of standards of behavior which the employer has 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 and substantial disregard of the employer’s interests or of the employee’s duties and obligations to his employer. On the other hand mere inefficiency, unsatisfactory conduct, failure in good performance...
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...University Prof. Wendi Cline PA205: Introduction to Legal Analysis and Writing October 14th, 2012 Case Brief 1: Citation: N.M. 555 P.2d 696 Facts: Ms. Mitchell was a nurse’s aide that works at Lovington Good Samaritan Center. While working at the center, Mitchell was terminated for alleged misconduct. Mitchell then filed for unemployment and was denied. Issue: With all the events that Mitchell display at Lovington Good Samaritan Center, INC results in her termination. Are Ms. Mitchell actions at her employment constitutes misconduct, under § 59-9-5(b), N.M.S.A. 1953. Rule: rule 10.9 Analysis: The term misconduct was not defined in the Unemployment Compensation Law, but Ms. Mitchell’s action display different; name calling, disobeying orders, rude and disrespect. Lead to the ruling that Ms. Mitchell did display misconduct and “last straw” would not be used and was rejected. Conclusion: The court is reversed, and the decision is up to the Commission and reinstated. Case Brief 2: Citation: N.M. 764, P.2d 1316 Facts: Ms. Rodman was a security guard at Prebytian Hospital for eight years. After being terminated, Ms. Rodman filed for unemployment just to be denied for misconduct. Issues: The incident that happened on February 15th, was consider the “Last straw”. Ms. Rodman was sent and was later terminated. Ms. Rodman conduct was to not break the rule, but to not cause a scene. Rule: rule 11 Analysis: Ms. Rodman has been with...
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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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...PA205: Introduction to Legal Analysis and Writing Unit 1 Case Study In 1984, the Republican Party met in Dallas, Texas for their national convention. President Ronald Reagan, seeking a second term in office, was to be officially named the Republican Party’s candidate for President. During the convention, opponents of Reagan’s policies organized a political protest in Dallas, which attracted over 100 protestors. Among the protestors was Gregory Lee Johnson. As the demonstrators marched through the streets chanting slogans, another protester handed Gregory Johnson an American flag that had been taken from a flagpole at one of their protest locations. Upon reaching Dallas City Hall, Johnson doused the flag with kerosene and set it ablaze. Johnson and his fellow demonstrators circled the burning flag and shouted anti- American slogans. No one was injured or threatened with injury by Johnson’s act, but many who witnessed it were deeply offended. Dallas police officers arrested Johnson and charged him with violating section 42.09(a)(3) of the Texas Penal Code, which prohibited the “desecration of a venerable object.” Johnson pleaded not guilty in Dallas County Criminal Court, and after a trial was found guilty of violating the statute. He was sentenced to one year in prison and fined $2,000. State v. Johnson, No. CCR 84-46013-J (Crim. Ct. No. 7, Dallas Cnty. Tex. Dec. 13, 1984). Johnson appealed his case to the Texas Court of Appeals, Fifth District, claiming that the statute under...
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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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...Olga Tikhonov Kaplan University PA205-01: Introduction to Legal Analysis and Writing Unit 4 Assignment CASE No. 1. Billie J. Rodman v. New Mex. Emp't Sec. Dep't & Presbyterian Hosp., 764 P.2d 1316 (N.M. 1988) Facts: Claimant Billie J. Rodman was employed as a secretary at Presbyterian Hospital as a secretary, was terminated and later denied unemployment benefits. She was terminated after 8 years of employment following a third corrective action. Rodman was previously placed on restrictions due to personal problems adversely affecting her work. Rodman was reprimanded for the first time for receiving too many disruptive phone calls and visitors at her work station. The phone calls and visitors were negatively impacting her work and co-workers testified she would slam charts and be abrupt with the people she worked with. The disruptive phone calls continued and she was issued a second reprimand and warned that her job was on the line. On the day of her third reprimand Rodman had gotten into an argument with her ex-boyfriend about her car and received many phone calls that day. Additionally her ex-boyfriend showed up at the hospital which resulted in a torn shirt and security being called to step and assist with the situation. After the incident the phone calls continued and it was determined that Rodman should be sent home and subsequently terminated. Claimant was denied unemployment compensation on the basis that she was unwilling to restrict her personal contacts...
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...Three Briefs Helen Mayes Kaplan University PA205: Introduction to Legal Analysis and Writing June 26, 2012 Citation- Mitchell v. Lovington Good Samaritan Center, Inc. 555 P.2d 696 (N.M. 1976) Facts- 1. Plaintiff (Mrs. Mitchell) was terminated from her job at Lovington good Samaritan Center, Inc., due to alleged misconduct. Plaintiff then filed for unemployment compensation benefits. Due to the finding from the deputy of the Unemployment Security Commission Mrs. Mitchell was denied benefits for seven weeks. Plaintiff appealed the decision and was granted her money. The Unemployment center appealed that ruling and the first ruling went back into effect. Mrs. Mitchell appealed that ruling applied for and was granted certiorari from the decision. The Plaintiff’s money was reinstated to her by the District Court. 2. Mrs. Mitchell was terminated from her job on June 4, 1974. On April 2 and April 3, 1974, Plaintiff went to work out of uniform. The first day she was told to go home and change she refused to do so, however, on the second day she did as she was told. Then on May 15, 1974, the plaintiff was singing while working, it was reported as unethical and time- consuming. Another incident happened on May 24, 1974. Mrs. Mitchell was told to change from medications to the floor routine. She was told why she was being switched but she was not co-operative. From that day unit June 4, 1974 Mrs. Mitchell refused to do her job. On June 4, 1974 Mrs. Mitchell went to...
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