Mitchell V Lovington Good Samaritan Center, Inc.

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Case Citation: Mitchell v Lovington Good Samaritan Center, INC., 555 P.2d 696 (N.M. 1976) Facts: Mrs. Mitchell was terminated from her place of employment, Lovington Good Samaritan Center, INC. for alleged misconduct on June 4, 1975. On June 12, 1974 Mrs. Mitchell applied for unemployment compensation benefits and was denied. Mrs. Mitchell filed for an appeal on July 24, 1974 where she then was reinstated benefits on August 28, 1974. The Lovington Good Samaritan Center, INC. appealed the decision of the Appeal Tribunal to the whole Commission pursuant to s 59-9-6(e), N.M.S.A. 1953 on September 13, 1974. The commission overruled the Appeal Tribunal and re-instated the seven week disqualification period. Mrs. Mitchell applied for and was granted certiorari form the decision of the Commission to the District Court of Bernalillo County. The District court reversed the Commission’s decision and ordered it to reinstate the benefits to Mrs. Mitchell on January 16, 1976. Issue: Did Mrs. Mitchell’s action constitute misconduct so as to disqualify her from unemployment compensation benefits under s 59-9-5(b), N.M.S.A 1953? Rules of Law: The term “misconduct” is not defined in Unemployment Compensation Law. New Mexico adopted Wisconsin’s 249, 569-60, 296 N.W. 636, 640 (1941) term for “misconduct”. The definition states: Misconduct is limited to conduct evoking such willful or wanton behavior which the employer has 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 and substantial disregard of the employer’s interest or of the employee’s duties and obligations to his employer. Application: Mrs. Mitchell’s name calling, improper attire, and insubordination evinced a willful disregard to the employer. However, each separate incident

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