CASE Brief

Topics: Employment, Telephone call, Telephone Pages: 4 (978 words) Published: June 18, 2014
Case Brief
764 P.2d 1316
Supreme Court of New Mexico.
Billie J. RODMAN, Petitioner–Appellant,
NEW MEXICO EMPLOYMENT SECURITY DEPARTMENT and Presbyterian Hospital, Respondents–Appellees. No. 17721.Nov. 30, 1988.
Written By: Lawrence Pelkey

Billie J. Rodman, Appellant was employed by Presbyterian Hospital as a unit secretary for eight years when, on Feb 17, 1987, she was terminated under hospital personnel policies following a “third corrective action” notice. Prior restrictions had been placed on Rodman’s conduct due to personal problems adversely impacting upon her place of work. Rodman was reprimanded in June 1986 for receiving an inordinate number of personal telephone calls and visitors at her work station, which was disruptive to her own work and to her co-workers. Rodman was to have no personal telephone calls during work hours outside of a designated break or dinner time, in which event they were to occur in an area not visible to patients, physicians, or other department staff. When leaving the department for dinner, Rodman was to report to her immediate supervisor and was not to leave the hospital. Rodman was to make every effort to resolve the matters in her personal life that were causing problems at work. Nevertheless, according to the testimony of her supervisor, extremely disruptive telephone calls continued. The doctors were beginning to comment on it. The staff was getting more distressed. According to her supervisor, “[A]gain we talked about the visits, the behavior at the desk. When it got pretty bad with the phone calls, Billie would slam charts, push chairs and be a little abrupt with the people she worked with.” Another written reprimand in November of 1986 warned Rodman that her job was in jeopardy if the disruptive behavior continued. The supervisor established restrictions prohibiting the claimant from having visitors at the department and instructed her to notify security if there was a potential problem. On February...
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