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Client Interview & Case Briefs; Analogizing/Distinguishing

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Client Interview & Case Briefs; Analogizing/Distinguishing
Unit 4 Assignment
Kimberly Glackin
Kaplan University
Professor Hermes
September 14, 2012

Case Brief #1:
Mitchell v. Lovington Good Samaritan Center, Inc., 555 P.2d 696 (N.M. 1976).
Facts: The plaintiff was terminated from the Lovington Good Samaritan Center, Inc. on June 4, 1974. On June 12, 1974 Mrs. Mitchell applied for unemployment benefits and was denied seven weeks of benefits by the Unemployment Security Commission deputy. Mrs. Mitchell filed an appeal which in turn the Appeal Tribunal overturned the deputy’s decision. Mrs. Mitchell’s benefits were restored on August 28, 1974. On September 13, 1974 the Center didn’t agree and appealed the decision made by the Appeal Tribunal to the Commission. The Commission overruled the Appeal Tribunal and reestablished the seven week exclusion period. Mrs. Mitchell then applied for and was granted certiorari from the decision to the District Court of Bernalillo County. The District Court reversed the Commission’s decision and ordered the benefits to be reinstated.
Issue: The issue is whether Mrs. Mitchell’s actions constituted misconduct under § 59-9-5(b), N.M.S.A. 1953.
Rule: The term ‘misconduct’ is not clear in the Unemployment Compensation Law. The Wisconsin Supreme Court found that in a previous case no statutory definition of misconduct existed. They verbalized a definition for such however the Supreme Court of New Mexico accepts the definition which they feel shows that Mrs. Mitchell’s actions fell under misconduct.
Analysis: Mrs. Mitchell’s noncompliance, unsuitable attire, name calling and other conduct exhibited a willful neglect of the Center. Each separate occasion was not enough to conclude misconduct when taken into consideration that Mrs. Mitchell’s conduct can be categorized as misconduct under the definition by the...

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