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Pa205- Unit 5

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Mitchell v. Lovington Good Samaritan Ctr., Inc. 555 P.2d 696 (N.M. 1976)

Issue:

What constitutes misconduct under New Mexico Statutes Annotated; whether Mitchell committed actions which constituted misconduct under N.M. Stat. Ann.§ 59-9-5(b) (West 1953).

Holding:

Misconduct is not defined by the Unemployment Compensation Law within the New Mexico Statutes Annotated; however, the Wisconsin Supreme Court case Boynton Cab Co. v. Neubeck, 237 Wis. 249, 259-60, 296 N.W. 636, 640 (Wis.1941) formulated a definition which the Supreme Court of New Mexico adopted. This law states misconducted occurs with any of the following: disregards the standard of behavior, to show an intentional and substantial disregard of the employer’s interest, and disregard of the employer’s duties. Such actions as inefficiency, unsatisfactory conduct are not to be deemed as misconduct. (ld.)

Analysis:

With the definition of misconduct being adopted by the courts Mrs. Mitchell’s acts of name calling (terms such as birdbrain and “white” girl), improper attire (wearing non uniform pants), and insubordination (refusing job assignments and singing after being told to stop) on multiple occasions shows sufficient misconduct. The incidents as a whole show a consistent disregard for the center and Mrs. Mitchell’s co-workers.

Decision:

Therefore, as a result it is clear that Mrs. Mitchell committed various forms of misconduct over a three month period on her own accord with complete disregard by the requests of her employer to correct the mentioned actions.

Analogizing / Distinguishing:

This case and the case involving Natalie Attired both involve the use of improper language at work, which considered to be misconduct. Mitchell used derogatory language with other employees while Attired called customer names for not leaving what she felt was a reasonable tip. However, the

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