Essay about Natalie Attired Unemployment Compensation Claim.

741 Words Jun 23rd, 2012 3 Pages
SAMPLE LEGAL MEMORANDUM

TO: Professor Pruitt
FROM: Cristopher L. Butler
DATE: 6-26-2012
SUBJECT: Natalie Attired Unemployment Compensation Claim.

STATEMENT OF 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
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Lovington. 2. In Burger Time, Inc. v. New Mexico Department of Labor Review (In re Claim of Apodaca), 108 N.M. 175, 769 P.2d 88 the court held that the employee’s hair color did not significantly affect business as to warrant misconduct, employer received no customer complaints regarding color of hair; and no evidence indicated that color of hair significantly affected employer's business. NMSA 1978, § 51–1–7, subd. B.

DISCUSSION
Ms. Attired is not guilty of misconduct. According to the New Mexico statute §51-1-7… “Misconduct” is limited to conduct evincing such willful or wanton disregard of an employer’s interest as is found in deliberate violations or disregard of standards of behavior which the employer had 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 disregard of the employer’s interests or of the employee’s duties and obligations to his employer. It is unlikely that Ms. Natalie Attired intentional or willfully attempted to effect the business of Ms. Biddy Baker by purchasing her tattoo. Ms. Baker has yet to provide proof of any adverse effects that Ms. Attired’s tattoo has had on her resturant. Ms. Baker argues that she gave Ms. Attired a option of removing her tattoo or losing her job. The financial impact of such

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