Unit 3 Case Brief
Jon E. Johnson
Kaplan, University

Unit 3 Case Brief
Case:
Mitchell v.Lovington Good Samaritan Center Inc., 555 P.2d 696 (N.M. 1976)
Facts:
On 6/4/1974 the Petitioner, Zelma Mitchell, was terminated from her employment at Lovington Good Samaritan Center, INC., for alleged misconduct. On 6/12/1974, Mitchell applied for unemployment compensation and was found ineligible due to her being terminated for misconduct. She was found to be ineligible by an Unemployment Security Commission Deputy. Mrs. Mitchell filed an appeal to the Appeal Tribunal, and the referee of the Tribunal, reversed the decision of the Unemployment Security Commission Deputy, and her benefits were reinstated. On September 13, 1974, the Good Samaritan Center INC., appealed the decision of the Appeal Tribunal, to the entire Commission pursuant to s 59-9-6(E), N.M.S.A. 1953, and the Appeals Tribunal’s decision was overruled, and Mrs. Mitchell was again disqualified from receiving unemployment benefits. Mrs. Mitchell then asked for and received a review of the Commission’s decision, from the District Court of Bernalillo County, pursuant to s 59-9-6(K), N.M.S.A. 1953. On 01/16/1976, the District Court overturned the Commission’s decision, and Mrs. Mitchell was again reinstated to receive her unemployment benefits.
On June 4, 1974, the Petitioner, Mrs. Mitchell, was caught by Center’s director filling in her time sheet, prior to commencing her shift. When questioned about why she was doing this, Mrs. Mitchell said she was just filling in the eight hours that she would actually work. The Centers director then expressed his concerns with Mrs. Mitchell filling in her time card before working. This led to a verbal altercation with the director and others, that were in the vicinity of them. During this altercation, Mrs. Mitchell is alleged to have called the director and others,