PA205-02 Introduction to Legal Analysis and Writing
Professor Monique Chiacchia
December 4, 2014
To: Supervising Attorney
From: Loretta Casler
Date: December 2, 2014
Re: Client Natalie Attired and her denial of unemployment benefits for alleged misconduct
Ms. Attired was hired in May 2009 and was a waitress at Biddy’s Tea House and Croissanterie in Truth or Consequences, NM. Biddy’s has been in business for over 20 years, and is run by Biddy Baker, age 60. In June 2010, Natalie got 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. Biddy Baker was appalled by Ms. Attired’s tattoo and told her she must have the tattoo removed. Ms. Attired refused to have the tattoo removed and was terminated later that week on Friday. Biddy Baker stated that customers did not want Ms. Attired to be their waitress due to her appearance and due to her appearance Biddy Baker stated that she was losing business. Ms. Attired had received employee evaluations every three month’s by the owner, Biddy Baker and all four evaluations were positive in nature with no prior misconduct. Ms. Attired applied for unemployment compensation benefits in July 2010. Her claim was denied by the New Mexico Employment Security Board on the grounds that she was terminated for “misconduct” and was therefore ineligible for unemployment compensation.
Whether Ms. Natalie Attired has been wrongfully denied unemployment compensation by the New Mexico Employment Security based because she was terminated by her employer at Biddy’s Tea House and Croissanterie for “misconduct” due to her refusal to remove a tattoo.
A court would most likely find that Ms. Attired is eligible for unemployment...