Zelma M. Mitchell V Lovington Good Samaritan Center. Inc.

402 Words2 Pages
Unit 3 Assignment Amanda Beattie PA205 Case: Zelma M. Mitchell v. Lovington Good Samaritan Center. INC., 555 P.2d 696 (N.M. 1976). Majority Reasoning: SOSA. Justice Facts: Mrs. Mitchell (appellee) was terminated from her employment on June 4, 1974 from Lovington Good Samaritan Center, INC. for due to allegedly committing misconduct. On June 12, 1974 Mrs. Mitchell applied for unemployment compensation benefits and she was denied by the deputy of the Unemployment Security Commission on July 24 1974. Due to this Mrs. Mitchell was left disqualified for seven weeks of unemployment benefits. The actions of Mrs. Mitchell were considered as being defiant because of the name calling, not having the proper attire, and other evidence of conduct that had been done purposefully. Mrs. Mitchell then applied for an appeal, where she received a reinstatement of benefits on August 28 1974. On September 13 1974 appealed the decision of the Appeal Tribunal to the whole Commission pursuant to s 59-9-6(E), N.M.S.A..1953. The commission overruled the Appeal Tribunal and re-instated the seven week disqualification period. Mrs. Mitchell had then applied for certiorari and was then granted it from the decision of the Commission to the District Court of Bernalillo County pursuant to s 59-9-6(K), N.M.S.A. 1953. On January 16, 1976, the District Court reversed the Commission’s decision and ordered reinstatement of the benefits to Mrs. Mitchell. Issue: The issue of this case is whether Mrs., Mitchell’s actions had constituted misconduct to which caused her to disqualify from certain unemployment compensation benefits. Under s 59-9-5(b), N.M.S.A.1953 Rule: “Misconduct” is a term that is has not been defined in Unemployment Compensation Law. New Mexico has adopted Wisconsin's 259-60,296 N.W. 636, 640 (1941) term for “misconduct”. Therefore, a

More about Zelma M. Mitchell V Lovington Good Samaritan Center. Inc.

Open Document