Employment and Natalie
Racquel Simeon
PA205: Intro to Legal Analysis and Writing
Prof: Kelly Armitage
May 1st, 2013
Memorandum
To: Senior Partner
From: Racquel Simeon
Date: 5/1/2013
-------------------------------------------------
Re: Our new client Natalie Attired; denial of unemployment benefits for alleged misconduct
Statement of Facts:
Natalie started working at Biddy’s in May of 2009.
Natalie Attired worked at Biddy’s for one year when she was fired for getting a sleeve tattoo on her upper right arm.
Natalie was fired because Ms. Biddy claimed that she her appearance was disturbing the clients while they were trying to eat.
There is no employee manual or written policy about employee conduct.
Natalie while for unemployment in July 2010 but was denied because she was terminated for “misconduct.”
Biddy’s has been in for over 20 years and is run by Biddy Baker, age 60.
Biddy evaluates her waitress’ performance every three months.
Questions Presented:
Was Natalie’s tattoo in fact a distraction to the customers in the restaurant?
Were there any guidelines in place that would in fact tell Natalie that she was in violation of the dress code?
Did Ms. Biddy talk to her employee about how she wants there to present themselves while at work?
Brief Answers:
Two customers complained that Natalie’s tattoo was distracting.
There were not any guidelines or employee handbook that stated was acceptable or not acceptable.
Ms. Biddy did evaluate her employees every 3 months but in the evaluations she did not state how she wanted her employees to present themselves.
Rules that Apply:
According to the New Mexico Statutes Annotated, § 51-1-7
§ 51-1-7. Disqualification for benefits
A. An individual shall be disqualified for and shall not be eligible to receive benefits:
(1) if it is determined by the division that the individual left employment voluntarily without good cause in connection with the employment. However, a person shall not be denied benefits under this paragraph: (2) if it
PA205: Intro to Legal Analysis and Writing
Prof: Kelly Armitage
May 1st, 2013
Memorandum
To: Senior Partner
From: Racquel Simeon
Date: 5/1/2013
-------------------------------------------------
Re: Our new client Natalie Attired; denial of unemployment benefits for alleged misconduct
Statement of Facts:
Natalie started working at Biddy’s in May of 2009.
Natalie Attired worked at Biddy’s for one year when she was fired for getting a sleeve tattoo on her upper right arm.
Natalie was fired because Ms. Biddy claimed that she her appearance was disturbing the clients while they were trying to eat.
There is no employee manual or written policy about employee conduct.
Natalie while for unemployment in July 2010 but was denied because she was terminated for “misconduct.”
Biddy’s has been in for over 20 years and is run by Biddy Baker, age 60.
Biddy evaluates her waitress’ performance every three months.
Questions Presented:
Was Natalie’s tattoo in fact a distraction to the customers in the restaurant?
Were there any guidelines in place that would in fact tell Natalie that she was in violation of the dress code?
Did Ms. Biddy talk to her employee about how she wants there to present themselves while at work?
Brief Answers:
Two customers complained that Natalie’s tattoo was distracting.
There were not any guidelines or employee handbook that stated was acceptable or not acceptable.
Ms. Biddy did evaluate her employees every 3 months but in the evaluations she did not state how she wanted her employees to present themselves.
Rules that Apply:
According to the New Mexico Statutes Annotated, § 51-1-7
§ 51-1-7. Disqualification for benefits
A. An individual shall be disqualified for and shall not be eligible to receive benefits:
(1) if it is determined by the division that the individual left employment voluntarily without good cause in connection with the employment. However, a person shall not be denied benefits under this paragraph: (2) if it