PA 205 Unit 2 Assignment Disqualification of Benefits
PA 205 Unit 2 Assignment Disqualification of Benefits
1. The Department of Labor oversees programs such as employment discrimination, unemployment insurance, and job training. Therefore, § 51-1-7 would have been enacted by the Executive Branch.
2. The casual term ‘Shall be disqualified’ helped me to determine that the statutory is mandatory.
3. Three ways that a person can be denied unemployment benefits in New Mexico.
i. A person may be denied benefits if they voluntarily terminate their employment without just cause.
ii. An individual may be denied benefits if they have been terminated based on misconduct.
An individual may be denied benefits if they have failed to apply or accept suitable employment without just cause.
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PA 205 Unit 4 Assignment Case Citation Latest
Case Citation: 764 P.2d 1316, 107 N.M. 758
Facts: Rodman, a unit secretary for Presbyterian Hospital for the previous eight years, was terminated on February 17, 1987 for violating hospital personnel policies. Her apparent personal issues caused inappropriate conduct at her place of employment, causing her to become reprimanded in June 1986. Conditions were set forth from her formal reprimand in hopes of preventing further corrective action.
Issue: Did Ms. Rodman’s behavior and volume of calls constitute as misconduct and violate hospital personnel policies? Were these actions enough to deny unemployment compensation benefits?
Rule: The state of New Mexico concludes that any employee who has been discharged for misconduct shall be ineligible for unemployment compensation benefits under § 51–1–7(B). Additionally, the definition of misconduct has been adopted from Mitchell v. Lovington Good Samaritan Center, Inc., 89 N.M. 575, 577, 555 P.2d 696, 698 (1976).
Analysis: The District Court concludes that Ms. Rodman’s actions on February 15 were shown to display a willful disregard for her employer’s interest, repeated insubordination, and failure to comply with employer’s wishes regarding personal phone calls and visitors.