Case: Zelma M. MITCHELL, Plaintiff-Appellee, v. LOVINGTON GOOD SAMARITAN CENTER, INC., Defendant-Appellant. No. 10847.Oct. 27, 1976.

Facts: After being terminated from Lovington Good Samaritan Center, Inc., Petitioner Zelma Mitchell applied for unemployment compensation benefits, but was denied by the Unemployment Security Commission due to the nature of her termination, pursuant to § 59-9-6(B), N.M.S.A.1953.

Issue: The issue is to determine whether Mrs. Mitchell’s actions constituted misconduct under § 59-9-5(b), N.M.S.A. 1953 and whether these actions were enough to warrant denial of unemployment compensation benefits.

Rule: Though the term ‘misconduct’ is not defined in the Unemployment Compensation Law, the Supreme Court of New Mexico adopts the definition used by The Wisconsin Supreme Court in Boynton Cab Co. v. Neubeck, 237 Wis. 249, 259-60, 296 N.W. 636, 640 (1941).

Application: Based on the newly adopted definition of misconduct, the court holds that Mrs. Mitchell’s inappropriate attire, insubordination, and name calling display unruly conduct and lack of regard for the Center.

Conclusion: The Supreme Court reverses the decision of the district court and reinstates the decision of the Commission, holding that the employee’s misconduct justifies denying unemployment benefits.

Table of Authorities

Cases

Boynton Cab Co. v. Neubeck, 237 Wis. 249, 259-60, 296 N.W. 636, 640 (1941) 2

Zelma M. MITCHELL, Plaintiff-Appellee, v. LOVINGTON GOOD SAMARITAN CENTER, INC., Defendant-Appellant. No. 10847.Oct. 27, 1976. 2

Rules

§ 59-9-5(b), N.M.S.A. 1953 2 § 59-9-6(B), N.M.S.A.1953 2