Legal Memo

Memorandum To: Senior Partner From: Patricia Oswalt Date: 11/29/2011 Case: Natalie robed v. New Mexico Employment Security plank Office File: PA205-02 set Number:NA Re: Whether Natalies tattoo and her refusal to tally it be misconduct as defined by § 59-9-5(b) N.M.S.A. 1953 Statement of Facts Our leaf node is Natalie Attired. Natalie was denied unemployment compensation on the grounds that she was terminated for misconduct. Natalie wishes to charge up a claim against NMESB for wrongfully withholding her unemployment compensation. Natalie began employment with dollys Tea House and Croissanterie in May, 2009. During her employment, Natalie has received foursome evaluations, which improved consistently. There is no employee manual or save policy about employee conduct. In June 2010, Natalie purchased a full-sleeve tattoo which bear on the entire upper right arm, the lower portion of which could be seen below the short sleeve uniform. The owner, Ms. Baker told Na talie that if she did not move back the tattoo she would be fired. Natalie refused to remove the tattoo, worked the rest of the week and was given(p) her depot notice on Friday. Ms.

Baker was unable to reserve make of a decline in gross revenue during Natalies employment, but provided names of two customers who requested to be pass from Natalies section due to the tattoo. Natalie filed for unemployment compensation in July 2010, which was denied on the grounds that she was terminated for misconduct and was therefore ineligible for benefits. Issues: 1. Does Natalies refusal to remove her tattoo constitute misconduct u nder § 59-9-5(b)N.M.S.A. 1953? 2. basinf! ul Ms. Baker provide proof that Natalies appearance negatively affected business as to cause reduced gross sales and profits? 3. Were there any prior acts by Natalie in which the Totality of circumstances and the last straw doctrine would overstep? Brief Answer: 1. No. Natalies refusal to remove her tattoo, by itself does not constitute...If you want to get a full essay, solve it on our website: OrderCustomPaper.com

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