Preview

CASE Brief

Powerful Essays
Open Document
Open Document
978 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
CASE Brief
Case Brief
764 P.2d 1316
Supreme Court of New Mexico.
Billie J. RODMAN, Petitioner–Appellant,
v.
NEW MEXICO EMPLOYMENT SECURITY DEPARTMENT and Presbyterian Hospital, Respondents–Appellees.
No. 17721.Nov. 30, 1988.
Written By: Lawrence Pelkey

Facts:
Billie J. Rodman, Appellant was employed by Presbyterian Hospital as a unit secretary for eight years when, on Feb 17, 1987, she was terminated under hospital personnel policies following a “third corrective action” notice.
Prior restrictions had been placed on Rodman’s conduct due to personal problems adversely impacting upon her place of work.
Rodman was reprimanded in June 1986 for receiving an inordinate number of personal telephone calls and visitors at her work station, which was disruptive to her own work and to her co-workers. Rodman was to have no personal telephone calls during work hours outside of a designated break or dinner time, in which event they were to occur in an area not visible to patients, physicians, or other department staff. When leaving the department for dinner, Rodman was to report to her immediate supervisor and was not to leave the hospital. Rodman was to make every effort to resolve the matters in her personal life that were causing problems at work. Nevertheless, according to the testimony of her supervisor, extremely disruptive telephone calls continued. The doctors were beginning to comment on it. The staff was getting more distressed. According to her supervisor, “[A]gain we talked about the visits, the behavior at the desk. When it got pretty bad with the phone calls, Billie would slam charts, push chairs and be a little abrupt with the people she worked with.” Another written reprimand in November of 1986 warned Rodman that her job was in jeopardy if the disruptive behavior continued. The supervisor established restrictions prohibiting the claimant from having visitors at the department and instructed her to notify security if there was a potential problem.
On

You May Also Find These Documents Helpful

  • Satisfactory Essays

    The legal case in subject is with Williams Construction, a company that was under investigation after a trench collapse, which resulted in the death of Jose Aguiniga, and serious injury to Adam Palomar, two employees with Williams Construction. At the conclusion of the investigation, under the guidelines of the Occupational Safety and Hazards Act, or OSHA, Williams Construction was charged with four violations that resulted in excessive fines. The investigation concluded that Williams Construction failed to instruct employees and managers on recognizing and avoiding dangerous work conditions, failed to ensure that employees did not have to travel more than 25 feet to a safe zone, failed to have an employee that was trained and experienced in trench safety, and failed to make sure that the walls of the air were either sloped or supported. The OSHA investigation concluded that if these regulations were followed, the tragic event could have been avoided. The legal issue is whether or not the courts and the construction company itself should up hold the violations of specific OSHA standards.…

    • 827 Words
    • 3 Pages
    Satisfactory Essays
  • Good Essays

    Gm520 Es Essay Example

    • 638 Words
    • 3 Pages

    Ms. Pollard was involuntarily transferred to a different environment, working in a warehouse surrounded by all men. Although she was transferred because she needed to be in an environment in which she would not be making so many personal calls, she never asked to be relocated to the warehouse. Being that Ms. Pollard could not report the events to her direct supervisor because he was involved in the incidents, she attempted to file an anonymous complaint online but the website was not working. Teddy’s needs to ensure that their website is working properly at all times in order to avoid this type of situation. The case states that Ms. Pollard’s supervisor (Steve King) rarely enforced any of Teddy’s rules to include smoking, horseplay, foul language and sexual harassment. This does not vie well for Teddy’s because he is already known for being a lenient boss. It does not mention that Steve King’s supervisor ever had a conversation with him regarding his leniency, which shows that Teddy’s was condoning it.…

    • 638 Words
    • 3 Pages
    Good Essays
  • Good Essays

    Hrm593 Week 3 Assignment

    • 967 Words
    • 4 Pages

    Robert Singer, made Brittany’s life unbearable at the office by constantly staring at her picture of her in her bathing suit, making inappropriate comments about her chest, taking and altering her bathing suit photo to where she appeared topless, and saving her picture as his screen saver without her permission. She told Robert to stop with the inappropriate comments, told fellow co-workers about the harassment that was taking place, and even went to speak to her supervisor Dwayne about Robert’s inappropriate behavior but nothing seemed to deter him from his harassment. During the conversation that Brittany was having with her supervisor, she was informed by an off-the-collar remark from Dwayne that Robert had harassed a fellow co-worker before and hasn’t seemed to learn his lesson from the previous situation. Her supervisor informed her that he would take care of the matter and speak with Robert. Robert, took down the offensive photos from his screen saver but never stopped the inappropriate comments towards Brittany.…

    • 967 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    In trial the District Court found that the supervisors' behavior was discriminatory harassment sufficiently serious to alter the conditions of her employment and constitute an abusive working environment. The Court further held the City liable because the city failed to properly disseminate the sexual harassment policy to all employees and properly enforce this policy. Also, the supervisors represented the City and city management failed to provide any reviews over this section but allowed the supervisors "unchecked authority". The Eleventh Circuit Court of Appeals reversed the decision, finding that the supervisors were harassing Beth Ann outside the scope of their employment, that they were not aided in their actions by the agency relationship, and that the City had no constructive knowledge of the harassment by virtue of its pervasiveness or her immediate supervisor's actual…

    • 454 Words
    • 2 Pages
    Satisfactory Essays
  • Better Essays

    The Case of Bradley Ennis

    • 2314 Words
    • 10 Pages

    The Ennis and All Saints’ Hospital case discusses the dismissal of Bradley Ennis from the hospital for excessive absenteeism (17.5 percent versus a hospital average of 7 percent). The grievant, Bradley Ennis, was employed as a trauma nurse from May 1, 1991 to December 3, 2008. For a 16 year period, up to January 2008, Mr. Ennis’ work performance was rated satisfactory (2 on a scale of 3) for most years and superior (3 on a scale of 3) for his last three years by his employer. In fact, during this 16 year period there were no complaints regarding the quality and accuracy of the employee’s work. As well, over the course of his employment, Mr. Ennis maintained his certification as a trauma specialist, a requirement of the trauma unit.…

    • 2314 Words
    • 10 Pages
    Better Essays
  • Good Essays

    FACTS: On 25th of November 1994 and in April of 1995, all employees signed the document indication acceptance to arbitration as the primary mode of resolving conflicts at work. However, none of the employees received a copy of the rules and regulations applicable to the arbitration process. The agreement meant that the arbitrary process could resolve the issues such as discrimination and sexual harassment contained in Title VII of the Civil Rights Act of 1964. In June 1996, Gerald Brooks harassed Annette Phillips sexually by grabbing and slapping her buttocks. When she complained to the manager, the manager dismissed the issue by asking her to ignore it. Gerald Brooks was the brother of the owner of the restaurant. When Phillips threatened to sue the business, the legal representatives filed a lawsuit compelling her to use arbitration in resolving the case. However, the rules and regulations in the arbitration process failed to meet the minimum threshold of neutrality. For example, the management had the right to change the rules at any time…

    • 447 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    After quitting her job as a lifeguard, Beth Ann Faragher brought up a case against the City of Boca Raton because her immediate supervisors, Bill Terry and David Silverman, had created a “sexually hostile atmosphere” at work. Both men would repeatedly subject Faragher and other female lifeguards to “uninvited and offensive touching” accompanied by vulgar comments. While still employed, Faragher complained to Robert Gordon, another supervisor, who failed to report it to City officials.…

    • 299 Words
    • 2 Pages
    Satisfactory Essays
  • Powerful Essays

    Case Briefs

    • 3029 Words
    • 13 Pages

    * Needs to be a uniform set of rules and governing body to ensure fair and exciting competition.…

    • 3029 Words
    • 13 Pages
    Powerful Essays
  • Powerful Essays

    Vaughn Case Brief

    • 3486 Words
    • 14 Pages

    Albert H. Hanemann, Jr., Lemle & Kelleher, John D. Fitzmorris, Jr., Legal Dept. New Orleans, La., for Texaco.…

    • 3486 Words
    • 14 Pages
    Powerful Essays
  • Good Essays

    APTA Code Of Ethics Model

    • 769 Words
    • 4 Pages

    In all things considered, the patient’s rights needed to be protected. The employee was let go and the billing for the said patient was retracted. Since it was never found out when this behavior started, no further corrections in previous billings were made. To prevent future acts of fraud to occur, a company-wide review of the policies regarding proper input of billing in real time and accurate punch time in and out was…

    • 769 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    On 06-06-2016 at approximately 0802 I Security Officer James Argyro A-10280, was notified of a possible employee medical in the north men's rest room. Upon entering the north men's restroom, I could see a AAA employee hunched over the sink running cold water over his head. The male now known to me as Hudson Luckey VL-950, stated that he was hot and trying to cool off. Security officer Matt Wrolstad A-9555, and Security Supervisor Randy Stewart A- 4531 arrived on scene, A-9555 brought a wheel chair to transport Mr. Lucky to the medical station. At the medical station Mr. Lucky stated that he was ok and did not with to have EMS called. Mr. Lucky stated that he has a doctors appointment at 0830 and will explain to them about what happen. Mr.…

    • 152 Words
    • 1 Page
    Satisfactory Essays
  • Satisfactory Essays

    14-14. The hospital administration did the right thing of taking appropriate action against the doctors and nurses for their behavior that occurred outside of the hospital environment. Speaking negative about clients in public and at the same time showing the place where they work at can have a sever effect on the reputation of the organization. It was in the best interest of the hospital to take action in order for the doctors and nurses to understand that this behavior is unacceptable and could ruin the hospital.…

    • 314 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    During certain non-customer, internal events, she noticed that some of her married co-workers were bringing women other than their wives. Although she was uncomfortable with the situation, she wanted to keep her distance so as not to become too directly involved with her co-workers and their personal decisions. She had knowledge of what was going on but didn't think it was her place to intervene.…

    • 954 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    MATERNITY vs SEC. OF LABOR

    • 5919 Words
    • 21 Pages

    On June 16, 1986, the Regional Director directed two of his Labor Standard and Welfare Officers to inspect the records of the petitioner to ascertain the truth of the allegations in the complaints (p. 98, Rollo). Payrolls covering the periods of May, 1974, January, 1985, November, 1985 and May, 1986, were duly…

    • 5919 Words
    • 21 Pages
    Powerful Essays
  • Powerful Essays

    CASE BRIEFS

    • 4633 Words
    • 15 Pages

    The Interhandel case was brought before the Court by Switzerland on October 2nd, 1957 to declare that the United States was under an obligation to restore its assets which had been vested in the United States from 1942. In 1946, US and Switzerland entered an agreement called the Washington Accord that the US will unblock Swiss assets in the US. Interhandel is a Swiss company entered in the Commercial Register of Basle, but US government thought the company had a connection with Germany. Switzerland claimed there is no German involvement. The US raised the concern of Switzerland’s failure to exhaust the local remedies. Switzerland contended that the proceedings at the local court in the US were based on Trading with the Enemy Act 1917. Switzerland wants assets of Interhandel release and wants the court to declare US to submit this dispute to arbitration based on Washington Accord treaty.…

    • 4633 Words
    • 15 Pages
    Powerful Essays