Unit 8

In: Business and Management

Submitted By lana1964
Words 353
Pages 2
To: Senior Partner
From: Paralegal
Date: April 21, 2014
Subject: Natalie Attired Unemployment Compensation Claim
MEMORANDUM
Statement of Facts:
Natalie Attired began employment with Biddy’s Tea House in May, 2009. During her employment, Natalie received four evaluations which showed she was a good employee. There is no employee manual or written policy as to employee conduct. In June 2010, Natalie purchased a full-sleeve tattoo which covered the entire upper right arm, the lower portion of which could be seen below the short sleeve uniform. The owner, Ms. Baker told Natalie that if she did not remove the tattoo she would be terminated. Natalie refused to remove the tattoo, worked the rest of the week and was given her termination notice on Friday. Ms. Baker was unable to provide proof of a decline in sales during Natalie’s employment, but provided names of two customers who had requested to be moved from Natalie’s section because of the tattoo. Natalie filed for unemployment compensation in July 2010 and was denied on the grounds that she was terminated for “misconduct” and was ineligible for benefits.
Questions presented:
1. Whether or not Ms. Attired’s failure to remove her tattoo when instructed to do so by her employer constitutes “misconduct” as defined by N.M. Stat. Ann. §51-1-7.
2. Did Ms. Baker provide proof that Natalie’s appearance negatively affected her business?
Brief Answers:
1. No. Natalie’s refusal to remove her tattoo does not constitute misconduct because there was no rule or policy in place which forbid tattoos.
2. Ms. Baker did not provide any no proof of a decline in sales or profits during Natalie’s employment. However, patrons did supposedly ask to be seated in another waitress's section.
Discussion:
Issue:
Does Natalie’s refusal to remove her tattoo constitute misconduct under N.M. Stat. Ann. §51-1-7? An individual shall be disqualified…...

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