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Pa205 Unit 9

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RE:Our client Natalie Attired; denial of unemployment benefits for alleged misconduct Introduction

Natalie Attired was terminated from her employment because she got a tattoo that was visible on her arm and refused to have it removed. Natalie never received an employee handbook on policies and procedure prior to her being hired. Claimm of Apodaca 108 N.M. 175, 769 P.2d 88,(N.M. 1989) I think our clients case will be in our favor, she was terminated due to misconduct however, her tattoo had nothing to do with going against regulations because she never had anything in writing outlining what policies and procedures
.
Facts

Natalie Attired began working as a waitress at Biddy’s Tea House and Croissanterie in May 2009. In June 2010, Natalie spent $XX on a full-sleeve tattoo which covered her entire upper right arm from shoulder to elbow. The tattoo was partially covered by the waitress uniform, but the lower portion near the elbow could be seen when the short-sleeved uniform was worn.. Natalie refused to remove the tattoo. She worked at Biddy’s for the rest of the week and was given a termination notice on Friday.She was fired on the basis of misconduct and was denied unemployment compensation. There was no proof in decline in sales.

Issue

Did Ms. Attired actions constitute misconduct and denial of benefits under New Mexico Statutes Annotated § 51-1-7?

Rules

New Mexico Statutes Annotated, § 51-1-7
§ 51-1-7. Disqualification for benefits

An individual shall be disqualified for and shall not be eligible to receive benefits: if it is determined by the division that the individual left employment voluntarily without good cause in connection with the employment. However, a person shall not be denied benefits under this paragraph on the basis of(a) pregnancy or the termination of pregnancy; (b) because of domestic abuse evidenced by medical…...

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