Zelma Mitchell Brief

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Zelma M. Mitchell v. Lovington Good Samaritan Center, INC., 555 P.2d 696 (N.M. 1976). Plaintiff Zelma Mitchell employed by Lovington Good Samaritan Center, INC. in the capacity of Nurses’ aide beginning on July 4th, 1972 until June 4th, 1974, when her employment was terminated by the defendant due to various acts of misconduct leading up to and including June 4th, 1974. The separate incidences occurred as follows: April 2, 1974 – Mrs. Mitchell was reprimanded for not wearing the standard uniform expected of her, she was asked to return home and change into her expected uniform. She refused to comply, even though the center was under evaluation for that day. May 15th, 1974 – Mrs. Mitchell was written up for being uncooperative and insensitive to her co-workers. May 24th, 1974 – Mrs. Mitchell became belligerent and verbally abusive when switched from dispensing medication to floor duty, she called the Director of Nurses (Ms. Stoope) and another nurse’s aide (Carol Skurlock) “birdbrains”. During this exchange she also suggested that the work detail assignments were being changed because Miss Skurklock was white and therefore receiving favorable treatment. She went on to refuse medical duty until the date of her termination. June 4th, 1974 – Mrs. Mitchell arrived to work at her scheduled time and punched her time card for eight hours (hours she had not yet worked). She was questioned immediately by the Center Director (Mr. Smith) which turned into a fairly heated argument that drew Mrs. Stoope in as well. In the course of this interaction she referred to both of her supervisors as “birdbrains”. This argument took place in the common room where many of Mrs. Mitchell’s coworkers could hear the conversation. Mr. Smith succeeded in moving the conversation into his office when Mrs. Mitchell became agitated again, resulting in her termination. Upon her

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