Rodman v. New Mexico Employment Security Department, 764 P. 2d 1316 (N.M. 1988)

Facts- Ms. Billie J. Rodman worked for the Presbyterian Hospital as a unit secretary for eight years. February, 1987 she was terminated from her employment due to continuous, disruptive phone calls, visits, and disruptions that caused her and her co-works many distractions and distress. She was reprimanded twice for these incidents. On the day of her termination, she had an incident with her boyfriend outside of the hospital, which caused her to rip her shirt. She apparently left with her boyfriend, went home, changed and returned to work station 35 minutes later. After this incident occurred, she kept getting disruptive phone calls and the supervisor, tired of the disruptions and her behavior, decided to send her home and later was terminated.

History- The case was heard at The District Court, Bernalillo County, holding up the decision of the administration, denying the unemployment compensation to the claimant. The case was then appealed to the New Mexico Supreme Court.

Issue- Did the misconduct of the employee leading to termination, rise to the level of misconduct as defined in Mitchell v. Lovington Good Samaritan, Inc., 555 P. 2d 696 (N.M. 1976)?

Holdings- Yes, it did because she had prior history of being reprimanded for disruptive, continuous phone calls and visits.

Rule- New Mexico Supreme Court finds this rule under the “last straw” doctrine, which a series of incidents constituting misconduct.

Analysis- The New Mexico Supreme Court found that Ms. Rodman constituted misconduct as defined in the Mitchell v. Lovington Good Samaritan, Inc., 555 P. 2d 696 (N.M. 1976). This basically states an employee is expected have a regard for work and use proper behaviors that comport oneself to the standards of the job and employer. Her repetitive phone calls and visits