Unit 4 Assignment- Case Briefing
Tuesday, July 02, 2013
Citation: Zelma M. Mitchell v. Lovington Good Samaritan Center, 555 NM 2d, 696 (1976) Facts: Mrs. Mitchell was terminated from her position at Lovington good Samaritan Center because of an argument that broke out with the director of the center, Mr. Smith, and the Director of nursing, Mrs. Stroope. It is said by the company that Mrs. Mitchell was terminated for alleged misconduct. After the termination Mrs. Mitchell applied for unemployment compensation and was denied. She appealed the case and was then awarded the benefits. After being awarded the benefits the defendant in the case appealed the court’s decision to give Mrs. Mitchell the benefits and they reversed that decision and the benefits were taken from Mrs. Mitchell. She again appealed the decision of the courts. Ultimately with the definition of “misconduct” take Issues: The issue in the case is that there is a back and forth story in what misconduct is and what happen the day Mrs. Mitchell was terminated. The defendant’s case is a history of misconduct and the plaintiff is thinking only about the day she was terminated. Mr. Smith is saying that the incident where Mrs. Mitchell called himself and Mrs. Stroope “Birdbrains” was the last straw. Rule: In order to establish misconduct the defendant must prove the Mrs. Mitchell was “evincing such willful or complete disregard of the employer’s interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee, or in carelessness or negligence of such degree or recurrence as to manifest equal culpability, wrongful intent or evil design or to show an intentional and substantial disregard of the employer’s interests or of the employee’s duties and obligations to his employer.” Analysis: The courts found that with the definition of misconduct adopted into the system that Mrs. Mitchell’s acts...