Legal Analysis and Writing
Unit #5 Case Briefs of
Rodman v. New Mexico Employment Security Dept.
Apodaca v. New Mexico Department of Labor Employment Security Dept.
Name of Student
Date
University Name

Rodman v. New Mexico Employment Security Department, 764 P. 2d. 1316 (N.M.1988)
FACTS: Billie J Rodman was terminated from her employment with Presbyterian Hospital as a Unit Secretary on February 17, 1987. Ms. Rodman was terminated under hospital personnel policies following a “third corrective action” notice. Ms. Rodman has been placed on notice and given restrictions on her conduct following issues with her personal problems adversely impacting her place of work. These issues included excessive personal phone calls and unauthorized visitors to her workstation.
PROCEDURAL HISTORY: New Mexico Employment Security Department denied Ms. Rodman’s request for unemployment benefits based on her misconduct connected with work under §51-1-7(B). Ms. Rodman appealed to The Appeals Tribunal of the Department of Employment Security. The Tribunal found based on evidence that Ms. Rodman had willing disregarded her employees request to improve her conduct at work despite her contentions that she could not stop a third party from their actions. The hearing officer deemed Ms. Rodman’s actions as unreasonable and constituted misconduct.
ISSUE: Did Ms. Rodman’s misconduct on February 17, 1987 which lead to her termination rise to the level of misconduct which would warrant denial of unemployment compensation under NMSA 1978, §51-1-7 of the Unemployment Compensation Law.
RULE: The Court applied these two cases in reaching their decision. Mitchell v. Lovington Good Samaritan Center, Inc., 89 N.M. 575, 577, 555 P. 2d 696 (1976), and Alonzo v. New Mexico Employment Security Department 101 N.M. 770, 689 P. 2d. 286 (1984).

ANALYSIS: The New Mexico Supreme Court