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Rodman V. New Mexico Employment Security Department, 764 P.2d 1316 (N.M. 1988)

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Rodman v. New Mexico Employment Security Department, 764 P.2d 1316 (N.M. 1988).

Facts: Ms. Rodman was an employee of Presbyterian Hospital for nearly eight years as a unit secretary. On February 17, 1987, the appellant was terminated under hospital personnel policies following a “third corrective action” notice. Ms. Rodman was reprimanded in June of 1986 in light of receiving an inordinate number of personal calls and visitors at her work station. The formal reprimand set forth conditions to prevent further corrective action. The conditions were as follows: no personal telephone calls during work hours outside of a designated break or dinner time, these are to occur in an area not visible to patients, physicians, or other staff. When leaving for dinner, Rodman was to report to her immediate supervisor and was not to leave the hospital. According to the testimony given by Rodman’s supervisor disruptive telephone calls continued. In November of 1986 Ms. Rodman received another written reprimand stating that her job was in jeopardy. Ms. Rodman’s supervisor established restrictions prohibiting visitors at the department and instructed her to notify security if there was a potential problem.
On February 15, 1987 Ms. Rodman began work a 1:00 p.m. Ms. Rodman had spoken to her boyfriends’ mother earlier informing her she did not wish her boyfriend to use her car and that she had broken off their relationship. When the boyfriends’ mother called Ms. Rodman at work to inform her that the boyfriend took her car, she asked her to have the boyfriend call her at work. When Ms. Rodman received the call she proceeded to tell the boyfriend she could not talk on the floor than hung up. The boyfriend called back with a number where he could be reached. Rodman left her work area to call the boyfriend in the break room. After returning to her station

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