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Case Briefing

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Unit 3: FIRAC
Magdalene Renee Farmer
Kaplan University

Prof. Wendi Cline
PA205: Introduction to Legal Analysis and Writing
October 14th, 2012

Case Brief 1:
Citation: N.M. 555 P.2d 696

Facts: Ms. Mitchell was a nurse’s aide that works at Lovington Good Samaritan Center. While working at the center, Mitchell was terminated for alleged misconduct. Mitchell then filed for unemployment and was denied.

Issue: With all the events that Mitchell display at Lovington Good Samaritan Center, INC results in her termination. Are Ms. Mitchell actions at her employment constitutes misconduct, under § 59-9-5(b), N.M.S.A. 1953.

Rule: rule 10.9

Analysis: The term misconduct was not defined in the Unemployment Compensation Law, but Ms. Mitchell’s action display different; name calling, disobeying orders, rude and disrespect. Lead to the ruling that Ms. Mitchell did display misconduct and “last straw” would not be used and was rejected.

Conclusion: The court is reversed, and the decision is up to the Commission and reinstated.

Case Brief 2:
Citation: N.M. 764, P.2d 1316

Facts: Ms. Rodman was a security guard at Prebytian Hospital for eight years. After being terminated, Ms. Rodman filed for unemployment just to be denied for misconduct.

Issues: The incident that happened on February 15th, was consider the “Last straw”. Ms. Rodman was sent and was later terminated. Ms. Rodman conduct was to not break the rule, but to not cause a scene.

Rule: rule 11

Analysis: Ms. Rodman has been with the hospital 8 years and this is the only time misconduct was ever addressed to her. She tried to do the right thing and avoid confrontation with her boyfriend in her department which made her call for other security. The court should consider all of the last years has this been an issue.

Conclusion: The court decision was affirmed.


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