Natalie Attired V. State of New Mexico Week 9 Essay

1557 WordsOct 26, 20147 Pages
Natalie Attired Vs. State of New Mexico Legal Memorandum NATALIE ATTIRED VS. THE STATE OF NEW MEXICO LEGAL MEMORANDUM 1 Natalie Attired’s Vs. The State of New Mexico Legal Memorandum PA 205 Introduction to Legal Analysis and Writing Final Memorandum NATALIE ATTIRED VS THE STATE OF NEW MEXICO LEGAL MEMEORANDUM 2 Natalie Attired Vs. The State of New Mexico Legal Memorandum Facts Natalie was employed at Biddy’s Teahouse for a period of one year. Natalie had work performance evaluation every three months by Mrs. Baker, while she was an employee at Biddy’s Teahouse. Each of these evaluations Natalie received didn’t show any signs of misconduct. In fact these evaluations showed Natalie to be an employee that tried to do the right thing and reported to work on time and had good attendance. Natalie had gotten a tattoo that went up her arm and stopped just below the elbow. This tattoo is known as a sleeve tattoo and is one in which the uniform could not cover completely. Mrs. Baker ordered Natalie to immediately remove the tattoo or she would be fired. Mrs. Baker informed Natalie that tattoos are not part of this establishment that she would lose customers which would untimely cause a loss in revenue. In addition that tattoos are not part of the uniform. The issues in this case did Mrs. Baker provide proof of Natalie’s appearance having a negative effect on the business causing sales and profits to go down? If Natalie’s refusal to remove the tattoo, after instructed to do so by Mrs. Baker constitute misconduct as defined by N.M. STAT. Ann § 51-1-7. Were Natalie’s unemployment benefits unrightfully terminated as a result of Mrs. Bakers claims of employee misconduct? Rule The State of New Mexico didn’t have a definition for misconduct so they

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