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

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

Rodman v. New Mexico Employment Security Department, 764 P.2d 1316 (N.M. 1988).Facts: Ms. Rodman was an employee of Presbyterian Hospital for nearly eight years as a unitsecretary. On February 17, 1987, the appellant was terminated under hospital personnel policies followinga “third corrective action” notice. Ms. Rodman was reprimanded in June of 1986 in light of receiving aninordinate number of personal calls and visitors at her work station. The formal reprimand set forthconditions to prevent further corrective action. The conditions were as follows: no personal telephonecalls during work hours outside of a designated break or dinner time, these are to occur in an area notvisible to patients, physicians, or other staff. When leaving for dinner, Rodman was to report to herimmediate supervisor and was not to leave the hospital. According to the testimony given by Rodman’ssupervisor disruptive telephone calls continued. In November of 1986 Ms. Rodman received anotherwritten reprimand stating that her job was in jeopardy. Ms. Rodman’s supervisor established restrictionsprohibiting visitors at the department and instructed her to notify security if there was a potential problem.On February 15, 1987 Ms. Rodman began work a 1:00 p.m. Ms. Rodman had spoken to her boyfriends’mother earlier informing her she did not wish her boyfriend to use her car and that she had broken offtheir relationship. When the boyfriends’ mother called Ms. Rodman at work to inform her that theboyfriend took her car, she asked her to have the boyfriend call her at

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