Legal Memorandum
Legal Memorandum
PA 205
Final Project
By: Jazmin Howard
To: XXXXXXX
From: XXXXX
Date: July 15, 2014
Re: Natalie Attired v. New Mexico Employment Security Board
Memorandum of Law
Statement of Facts: In July of 2010, the Plaintiff, Natalie Attired, filed for unemployment with the New Mexico Employment Security Board; her claim was denied and she was deemed ineligible due to being terminated for misconduct. In June of 2010, Plaintiff Natalie Attired was fired from her job at Biddy’s Tea House and Croissanterie (Defendant). Attired had refused to remove a tattoo that was visible from the bicep to the elbow while wearing the company uniform. Biddy claims that Attired’s tattoo brought a decline of sales to the business.
After three years on the job, Attired mentioned her interest in getting a tattoo to a fellow waitress. The waitress warned Attired that if she was going to get a tattoo to make sure that it was somewhere where it would not be visible. This particular waitress had been working at Biddy’s for ten years and knew that if Attired got a tattoo the owner, Biddy Baker, would be upset. In June of 2010, Attired, ignoring the warning given to her by her co-worker, got a full sleeve tattoo that went from her shoulder to her elbow. After showing up to work, Biddy was visibly upset. Some patrons requested to be moved from Attired’s seating section because they commented that they did not want to look at “that” while they were eating. At this point the Plaintiff was told to have tattoo removed, which she refused, and was terminated at the end of the week.
Questions Presented: Did the Plaintiff’s tattoo pose grounds for termination; was her tattoo considered misconduct under New Mexico State Statutes. Should Plaintiff’s unemployment benefits be awarded?
Brief Answer: Probably. New Mexico law for misconduct implies that if an employee deliberately disregards the employers’ interest they have committed misconduct. Although there was no
PA 205
Final Project
By: Jazmin Howard
To: XXXXXXX
From: XXXXX
Date: July 15, 2014
Re: Natalie Attired v. New Mexico Employment Security Board
Memorandum of Law
Statement of Facts: In July of 2010, the Plaintiff, Natalie Attired, filed for unemployment with the New Mexico Employment Security Board; her claim was denied and she was deemed ineligible due to being terminated for misconduct. In June of 2010, Plaintiff Natalie Attired was fired from her job at Biddy’s Tea House and Croissanterie (Defendant). Attired had refused to remove a tattoo that was visible from the bicep to the elbow while wearing the company uniform. Biddy claims that Attired’s tattoo brought a decline of sales to the business.
After three years on the job, Attired mentioned her interest in getting a tattoo to a fellow waitress. The waitress warned Attired that if she was going to get a tattoo to make sure that it was somewhere where it would not be visible. This particular waitress had been working at Biddy’s for ten years and knew that if Attired got a tattoo the owner, Biddy Baker, would be upset. In June of 2010, Attired, ignoring the warning given to her by her co-worker, got a full sleeve tattoo that went from her shoulder to her elbow. After showing up to work, Biddy was visibly upset. Some patrons requested to be moved from Attired’s seating section because they commented that they did not want to look at “that” while they were eating. At this point the Plaintiff was told to have tattoo removed, which she refused, and was terminated at the end of the week.
Questions Presented: Did the Plaintiff’s tattoo pose grounds for termination; was her tattoo considered misconduct under New Mexico State Statutes. Should Plaintiff’s unemployment benefits be awarded?
Brief Answer: Probably. New Mexico law for misconduct implies that if an employee deliberately disregards the employers’ interest they have committed misconduct. Although there was no