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Natalie Attired

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Submitted By Nimmie85
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LEGAL MEMORANDUM
To:
From: Nimrod Vigilance
Date: 8/26/2012

Subject: Natalie Attired Unemployment Compensation Claim
Facts:
In May 2009, Ms. Attired began employment with Biddy’s Tea House where she received work performance evaluation every 3 months during her time of employment. Ms. Attired received a total of four evaluations, which showed constant improvement and no reprimands.
In June 2010, Ms. Attired purchased a full-sleeve tattoo (photo attached) which covered the entire upper right arm; there was an incident where the lower portion of the tattoo could be seen below the short sleeve uniform. Ms. Baker the owner advised Ms. Attired that if she did not remove the tattoo she would be fired. Ms. Attired refused to remove the tattoo and she was terminated on that Friday for misconduct.
In July 2010, Ms. Natalie Attired filed and was denied unemployment compensation benefits on the grounds of “misconduct”. Ms. Biddy Baker stated that there is no employee manual or written policy about employee conduct or work attire. Ms. Baker also failed to provide any proof of a decline in sales during Ms. Attired’s employment. All Ms. Baker provided was the names of two customers who requested to be moved from Ms. Attired ‘section due to her tattoo. Issue:
The issue in this case is whether Ms. Attired’s failure to remove her tattoo when instructed to do so by her employer constitutes “misconduct” as defined by New Mexico Statute §51-1-7. Brief Answer:
No. Ms. Attired’s refusal to remove her tattoo does not constitute misconduct, as there was no company rule or policy in place forbidding tattoos. Also, Ms. Baker has not shown that the appearance of the tattoo negatively affected her business. Applicable Statute:
1. According to New Mexico’s statute §51-1-7, a person is disqualified from receiving unemployment if the termination is the result of

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