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Unit 3

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Kaplan University

Tammy Landry

Unit 3 Assignment

Zelma M. Mitchell v. Lovington Good Samaritan Center, Inc.

555 P.2d 696 New Mexico Supreme Court (1976)

CASE NAME: Zelma M. Mitchell v. Lovington Good Samaritan Center, Inc., 555 P.2d 696 New Mexico Supreme Court (1976)

FACTS: Mrs. Zelma Mitchell started working at the Lovington Good Samaritan Center, Inc. as a nurse’s aide in 1972. Approximately one year on the job Mitchell began serving as a relief medications nurse two (2) days a week. Mitchell was terminated for misconduct.
Mitchell’s testimony stated that she punctually arrived to work at 3:00 p.m. She stated that the Director of the Center questioned as to why she had filled out her time card. Mitchell responded that she would be working eight (8) hours for the day as long as she did not “break a leg or die.” The Director responded “Well, I’m not so sure about that.” Mitchell became defensive and made comments where the Director of Nursing overheard. This causing words to be exchanged between the three (3) parties in an open area where others could hear. The issue was taken for further discussion behind closed doors. The Director of the Center had to resolve the issue by putting Mitchell on two (2) week probation on the grounds that Mitchell had used the phrase to describe her employers “a birdbrain against another birdbrain” and stating “she can’t work with us”. Immediately, Mitchell demanded her final pay.

PROCEDURAL HISTORY: On June 12, 1974, Mitchell applied for unemployment compensation benefits. Unemployment Security Commission found Mitchell in violation of misconduct and disqualified her from seven weeks of benefits pursuant to §59-9-6(B), N.M.S.A. 1953. Mitchell filed an appeal pursuant to §59-9-6 (C), N.M.S.A. 1953. Decision was reversed by referee of the Appeal

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