Unit 9 Memorandum
Memorandum
To: Senior Partner
From: Deidra Howard
Date: July 15, 2015
Subject: Natalie Attired Unemployment Compensation Claim.
Facts:
July 2010, Ms. Natalie Attired filed and was denied unemployment compensation benefits on the grounds of “misconduct”.
May 2009, Ms. Attired began employment with Biddy’s Tea House where she received work performance evaluation every 3 months during her time of employment. Ms. Attired received a total of four evaluations (attached), which showed constant improvement with no reprimands.
June 2010, Ms. Attired purchased a full-sleeve tattoo (photo attached) which covered the entire upper right arm; there was an incident where the lower portion of the tattoo could be seen below the short sleeve uniform. Ms. Baker the owner advised Ms. Attired that if she did not remove the tattoo she would be fired. Ms. Attired refused to remove the tattoo, she was terminated on that Friday for misconduct.
Ms. Biddy Baker has stated there is no employee manual or written policy about employee conduct or work attire. Ms. Baker also has not provided any proof of a decline in sales during Ms. Attired’s employment. All Ms. Baker provided was names of two customers who requested to be moved from Ms. Attired ‘section due to her tattoo.
Issue/Question Presented:
The issue in this case is whether Natalie Attired’s failure to remove her tattoo when instructed by her employer to do so constitutes “misconduct” as defined by N.M. Stat. Ann § 51-1-7
Brief Answer:
No. Ms. Attired’s refusal to remove her tattoo, does not constitute misconduct, as there was no company rule or policy in place forbidding tattoos. Also, Ms. Baker has not shown that the appearance of the tattoo negatively affected her business.
Applicable Statute:
1. According to New Mexico’s statute §51-1-7, a person is disqualified from receiving unemployment if the termination is the result of misconduct. Misconduct is defined as the willful or wanton disregard of an employer’s interest as
To: Senior Partner
From: Deidra Howard
Date: July 15, 2015
Subject: Natalie Attired Unemployment Compensation Claim.
Facts:
July 2010, Ms. Natalie Attired filed and was denied unemployment compensation benefits on the grounds of “misconduct”.
May 2009, Ms. Attired began employment with Biddy’s Tea House where she received work performance evaluation every 3 months during her time of employment. Ms. Attired received a total of four evaluations (attached), which showed constant improvement with no reprimands.
June 2010, Ms. Attired purchased a full-sleeve tattoo (photo attached) which covered the entire upper right arm; there was an incident where the lower portion of the tattoo could be seen below the short sleeve uniform. Ms. Baker the owner advised Ms. Attired that if she did not remove the tattoo she would be fired. Ms. Attired refused to remove the tattoo, she was terminated on that Friday for misconduct.
Ms. Biddy Baker has stated there is no employee manual or written policy about employee conduct or work attire. Ms. Baker also has not provided any proof of a decline in sales during Ms. Attired’s employment. All Ms. Baker provided was names of two customers who requested to be moved from Ms. Attired ‘section due to her tattoo.
Issue/Question Presented:
The issue in this case is whether Natalie Attired’s failure to remove her tattoo when instructed by her employer to do so constitutes “misconduct” as defined by N.M. Stat. Ann § 51-1-7
Brief Answer:
No. Ms. Attired’s refusal to remove her tattoo, does not constitute misconduct, as there was no company rule or policy in place forbidding tattoos. Also, Ms. Baker has not shown that the appearance of the tattoo negatively affected her business.
Applicable Statute:
1. According to New Mexico’s statute §51-1-7, a person is disqualified from receiving unemployment if the termination is the result of misconduct. Misconduct is defined as the willful or wanton disregard of an employer’s interest as