Pa205 Unit 3

In: Other Topics

Submitted By lerinallyse
Words 472
Pages 2
Unit 3 Assignment
Lerin Martin
Kaplan University
PA205
April 15, 2014

Zelma M. Mitchell., Plaintiff V. Lovington Good Samaritan Center, Inc., Defendant
89 NM 575,555 P.2d 696 (1976)

Facts:
On June, 4, 1974, the Plaintiff, Zelma Mitchell lost her job due to misconduct. She was working at Lovington Good Samaritan Center, Inc. Mrs. Mitchell applied for unemployment benefits shortly after on June 12, 1974. Mrs. Mitchell was denied unemployment benefits since she was terminated due to her misconduct. Mrs. Mitchell was not happy with this answer and filed an appeal, which she was able to reinstate her unemployment benefits starting August 28, 1974. Her Employer, Lovington Good Samaritan Center submitted another appeal which once again, disqualified Mrs. Mitchell from receiving unemployment benefits. Unwilling to settle, Mrs. Mitchell applied for certiorari, and her benefits were reinstated by the District court on January 16, 1976.

Issue(s): Did Mrs. Mitchell’s actions in fact constitute misconduct according to 59-9-5(b), N.M.S.A. 1953

Rule(s) of Law: “The term ‘Misconduct’ is not defined in the Unemployment Compensation Law.” (Zelma M. Mitchell v. Lovington Good Samaritan Center, Inc, 1976) Due to this, the court reviewed the case of Boynton Cab Co. v. Neubeck, 237 Wis. 249, 259-60, 296 N.W. 636, 640 (1941) and used their findings to formulate their own definition of Misconduct which is as follows: “‘misconduct’ . . . is limited to conduct evincing such wilful or wanton disregard of an employer’s interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee, or in carelessness or negligence of such degree or recurrence as to manifest equal culpability, wrongful intent or evil design or to show an intentional and substantial disregard of the employer’s interests or…...

Similar Documents

Unit 3

...NT 1430 UNIT 3 Bash Scripts: * Script –commands written to a file. * Bash- a command processor a Unix shell Bash History: It was written by a man called Brian Fox. It was part of the GNU Project. The first release was 1989. It was a improvement and replacement to something called the Borne shell The Borne Shell: The creator was Stephen Borne. His employer was AT&T Labs. It was a Unix Shell he developed for Unix 7. Like everything it was replacing a older program called Thompson shell. The Borne Again Shell: Bash Borne Again Shell A free replacement to Borne shell Commands in Linux Mkdir- Make Directory rmdir- remove directory cd- Change directory Mv- Change name move directory Pwd – print working directory chmode-Change file access Permissions Commands are what tell Linux what to do. Chapter 7: 1. It waits for the process to be finished. You can give it multiple commands it will execute them in order. 3.Process Identification Number, The numbers tell you what commands are running in the background. Type ps 4. a. $ls section* b. $ls section[1-3] $ ls section? c. $ls I* d.$ls *[13] 8. a. $ grep \$ID < * .c > id_list b. $ grep –I suzi < addresses c. $ grep –il memo *.txt > memoranda_files D. $ file /usr/bin*|grep “Again shell script” | sort –r Chapter 9 1. You get permission denied, Not executable search though path 2. With ...

Words: 363 - Pages: 2

Unit 3

...UNIT 3 INDIVIDUAL PROJECT MKTG205 – Principles of Marketing by Kendra M Hutchins AIU Online October 21 2012 Going into business is good only if you sell your product. In order to sell your product, you have to make your product available to consumers. With making your product available, you need a distribution plan established. There are different channel levels and organizations. You also have to analyze your target market's needs and decide which channel members you will use. There are many characteristics you will have to look at before you choose a channel organization. Either choice will be good, as long as management decides on what is best for the company. First, our coffee company has to set up its distribution channels. Management has to look at direct versus and indirect distribution. Direct distribution is defined as a, “model used by organizations to move products from production to buyer without the use of wholesalers and retailers. By eliminating the number of parties involved in the distribution process, significant savings can be realized. An organization using direct distribution must sell and distribute that product using their own warehouses and sales staff.” ( www.businessdictionary.com) Direct is a good option for our new coffee company because we can lower or cost of distribution. We will need to keep our cost under our budget. Indirect distribution on the other hand is when, “a chain of intermediaries through which a product......

Words: 931 - Pages: 4

Unit 1 Paper Pa205

...PA205: Introduction to Legal Analysis and Writing Unit 1 Case Study In 1984, the Republican Party met in Dallas, Texas for their national convention. President Ronald Reagan, seeking a second term in office, was to be officially named the Republican Party’s candidate for President. During the convention, opponents of Reagan’s policies organized a political protest in Dallas, which attracted over 100 protestors. Among the protestors was Gregory Lee Johnson. As the demonstrators marched through the streets chanting slogans, another protester handed Gregory Johnson an American flag that had been taken from a flagpole at one of their protest locations. Upon reaching Dallas City Hall, Johnson doused the flag with kerosene and set it ablaze. Johnson and his fellow demonstrators circled the burning flag and shouted anti- American slogans. No one was injured or threatened with injury by Johnson’s act, but many who witnessed it were deeply offended. Dallas police officers arrested Johnson and charged him with violating section 42.09(a)(3) of the Texas Penal Code, which prohibited the “desecration of a venerable object.” Johnson pleaded not guilty in Dallas County Criminal Court, and after a trial was found guilty of violating the statute. He was sentenced to one year in prison and fined $2,000. State v. Johnson, No. CCR 84-46013-J (Crim. Ct. No. 7, Dallas Cnty. Tex. Dec. 13, 1984). Johnson appealed his case to the Texas Court of Appeals, Fifth District, claiming that the statute......

Words: 538 - Pages: 3

Pa205-01 Unit 1 Writing Assignment

...Ashley Waldo Kaplan University PA205-01 Unit 1 Writing Assignment 1.) The case study references one state statute. Identify it and explain what it prohibits. The case study references Texas Penal Code section 42.09(a)(3) which prohibits the desecration of a venerable object. 2.) Which branch of government (executive, judicial, or legislative) created the state statute? The legislative branch, the Senate and House of Representatives, of the government created this state statute. 3.) The passage above also discusses one court case. Who were the parties involved in the case? The state of Texas and Gregory Johnson were the parties’ involved in this court case. 4.) The case was heard by three lower courts before it reached the United States Supreme Court. List those three courts in order, beginning with the court that has the most authority and ending with the court that has the least amount of authority. The case was heard by the Texas Court of Criminal Appeals which has the most authority, the Texas Court of Appeals, Fifth District with the middle amount of authority, and the Dallas County Criminal Court with the least amount of authority. 5.) Provide the citation for the United States Supreme Court’s decision in this case. After hearing oral arguments and reading the parties’ appellate briefs, the Supreme Court, in a 5-4 vote, affirmed the decision of the Texas Court of Criminal Appeals. Texas V.......

Words: 500 - Pages: 2

Unit 3 Lab 3

...Unit 3 Lab 3 In order to find your IP address, press your window key and R key to bring up the search box. Type CMD to bring up command prompt, then type ipconfig to get your IP address, Subnet mask and default gateway. For this computer I got, • IP Address : 10.61.108.40 • Subnet Mask : 255.255.252.0 • Default Gateway : 10.61.110.1 Everyone is assigned an IP address, it’s like you house address you need it in order to surf the web your IP address is tied to you and to be able to create a routing table ,that enables faster communication. When you open a web browser and type in a domain, it’s going to take you to that domain. Once again a domain name is like your house address but using words to get there. There are 2 ways you can put in a domain name, you can type www.whatever.com or whatever.com. In the 90’s when internet was introduced to the public, you had to type www in order to get to a website now you don’t have to use www it will automatically fill it in when you press the enter key. When you use the address bar you will see http (Hyper Text Transfer Protocol) or https, the “S” stands for secure socket layer, a secured page mainly for payments online or credit card information. Open Application is the process of accessing the physical layer to tell the OS to start the application. It’s one of many hidden system folders containing important files and documents that help Windows operating systems to run. This will establish a......

Words: 290 - Pages: 2

Unit 3

...------------------------------------------------- BU224 Unit 3 Assignment Template: Name: - A Robinson Course Number: - BU224 Section Number: - 02 Unit Number: - 3 Date: - 07/21/14 ---------------------------------- General Instructions for all Assignments----------------------------------- 1. Unless specified differently by your course instructor, save this assignment template to your computer with the following file naming format: Course number_section number_LAST_FIRST_ unit number 2. At the top of the template, insert the appropriate information: Your Name, Course Number, Section Number and Date 3. Insert your answers below, or in the appropriate space provided for in the question. Your answers should follow the APA format with citations to your sources and, at the bottom of your last page, a list of references. Your answers should also be in Standard English with correct spelling, punctuation, grammar, and style (double spaced, in Times New Roman, 12-point, black font). Respond to questions in a thorough manner, providing specific examples of concepts, topics, definitions, and other elements asked for in the questions. 4. Provide a list of references at the end of the last page of your assignment. 5. Upload the completed assignment to the appropriate dropbox. 6. Any questions about the assignment, or format questions, should be directed to your course instructor. ------------------------------------------- Career Competencies......

Words: 1246 - Pages: 5

Pa205- Unit 5

...evaluation, for March –May 2010. Application to Client’s Facts:  In the case of Mitchell the repeated offenses qualified as a means for termination, as misconduct is defined by the State of New Mexico adopted from the Wisconsin Supreme Court ruling. Mitchell showed intentional and substantial disregard for her employer’s interest, which is defined to be misconduct with the repetitive use of derogatory remarks and insubordination. Attired however corrected behavior as her evaluations show and received no formal write-ups for any instances, her actions would not fall under the definition of misconduct. Rodman v. New Mexico Emp’t Sec. Dep’t, 764 P.2d 1316 (N.M. 1988) Facts: Rodman was an employee of Presbyterian Hospital, as a unit secretary, for approximately eight years. On February 17, 1987 she was terminated from her position following violations of personnel policy and following a “third corrective action”. Rodman had prior restrictions due to Rodman’s prior conduct with personal problems which were impacting her ability to perform the duties which was hired to perform. Appealed from the District Court of Bernalillo County. The District Court, Bernalillo County, reviewed on certiorari and upheld administrative decision denying unemployment compensation to Rodman. Issues: Whether Rodman’s misconduct, which resulted in her termination of employment from Presbyterian Hospital, rose to a level of misconduct which would constitute the denial of unemployment......

Words: 1748 - Pages: 7

Pa205: Case Briefs - Unit 4

...Rodman v. New Mexico Employment Security Department, 764 P. 2d 1316 (N.M. 1988) Facts: Ms. Billy J. Rodman, appellee had been employed by Presbyterian Hospital as a unit secretary for nearly eight years when, on February 17, 1987, she was terminated under hospital personnel policies following a "third corrective action" notice. Before her termination restrictions had been placed on Rodman's conduct due to personal problems adversely impacting her place of work. Ms. Rodman was reprimanded in June of 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. The formal reprimand set forth conditions to prevent further corrective action. Ms. Rodman was to have no personal telephone calls during work hours outside of a designated break or dinnertime, 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, Ms. Rodman was to report to her immediate supervisor and was not to leave the hospital. Ms. Rodman was to make every effort to resolve the matters in her personal life that were causing problems at work. 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, "Again we talked about the visits, and the behavior at the desk. When the...

Words: 3905 - Pages: 16

Unit 3

...UNIT 3 P1- Identify the difference between start-up and operating costs, variable and fixed costs. Introduction I have started this unit talking amongst my classmates discussing the differences between theses costs start-up, operating, variable and fixed costs. In this unit I will be explaining the differences between them. Define start-up costs, operating costs, fixed costs and variable costs Start-up costs- it means if the start-up costs are incurred before a business can start to operate, such as the deposit on rented property, and the purchase of equipment and initial stock. Operating costs- refers to the money that is spent when the business is running, it is the everyday costs. Fixed costs- costs that will not charge regardless of how much the business sells. Fixed costs are costs that do not vary depending on production or sales levels. Variable costs- these costs are linked to the number of items sold. A cost that is directly proportional to the volume of output produced. When production is zero, the variable cost is equal to zero. Explain the difference start-up and operating costs provide examples of each Start up costs are the things you are going to need to get the business going i.e. premises, furniture, IT, registration with local authorities, stock / materials etc. These are mainly one off payments that do not reoccur. Operation costs are the day to day costs of running the business usually calculated in terms of monthly or......

Words: 381 - Pages: 2

Case Brief Unit 3; Pa205

...Below I will use the FIRAC method to complete the assignment. 555 P.2d 696 Supreme Court of New Mexico. Zelma M. MITCHELL, Plaintiff - Appellee, v. LOVINGTON GOOD SAMARITAN CENTER, INC., Defendant - Appellant. No. 10847.Oct. 27, 1976 Citation: Mitchell v. Lovington Good Samaritan Center, Inc., 555 P.2d 696 (N.M. 1976) Facts: The Plaintiff Zelma Mitchell was terminated on June 4, 1974, for alleged misconduct from the Lovington Good Samaritan Center, Inc. Mitchell applied for unemployment compensation benefits on June 12, 1974, she was denied these benefits finding that Mitchells act were constituted as misconduct. Being denied disqualified her for the seven weeks of benefits pursuant to 59-9-6(B), N.M.S.A.1953. Mitchell filed an appeal on July 24, 1974. The referee of the Appeal Tribunal reversed the deputy’s decision and reinstated these benefits to Mitchell on August 28, 1974. The Lovington Good Samaritan Center filed an appeal on September 13, 1974, to the Appeal Tribunal to the whole Commission pursuant to 59-9-6(E), N.M.S.A. 1953. The Commission overruled the Appeal Tribunal and reinstated the seven week disqualification period. Mitchell then applied for and was granted certiorari from the decision of the Commission of the District of Bernalillo County pursuant to 59-9-6(K), N.M.S.A. 1953. The District Court reversed the Commission’s decision on January 16, 1976 and ordered it to reinstate the benefits to Mitchell. Issue: Whether petitioner's actions......

Words: 522 - Pages: 3

Unit 3

...Networking Models Review (Unit 3)   1. Which of the following is true about a TCP/IP network? B   2. Which of the following terms is not a common synonym for TCP/IP model? (Choose two answers.) C & D   3. Think generically about the idea of a networking standard, ignoring any particular standard or standards group. Which of the following is typically true of a standard? (Choose two answers.) A & C   4. Contrast an international standard as compared to a de facto standard. (Choose two answers.) B & D   5. Which of the following are true about the commonly used version of the TCP/IP model as shown in this chapter? (Choose two answers.) C & D   6. The TCP/IP model refers to standards other than those the IETF defines in RFCs. Which of these standards groups is typically the source of external LAN standards? (Choose two answers.) B & C   7. Which of the following is not a typical reason for a group of ten companies to start a vendor group, for the purpose of pushing a new networking technology? D    8. The TCP/IP and OSI models have some obvious differences, like the number of layers. Think about the more commonly used version of the TCP/IP model discussed in this chapter, and then think about how to talk about TCP/IP using OSI terms. Which of the following is a correctly phrased statement for how to use OSI terminology? B   9. Historically, which of the following models were the earliest models used in corporate networks? A   10. Which of the......

Words: 323 - Pages: 2

Unit 3

...------------------------------------------------- Unit 3 Assignment Template: Name: - Course Number: - Section Number: - Unit Number: - 3 Date: - ---------------------------------- General Instructions for all Assignments----------------------------------- 1. Unless specified differently by your course instructor, save this assignment template to your computer with the following file naming format: Course number_section number_LAST_FIRST_ unit number 2. At the top of the template, insert the appropriate information: Your Name, Course Number, Section Number and Date 3. Insert your answers below, or in the appropriate space provided for in the question. Your answers should follow the APA format with citations to your sources and, at the bottom of your last page, a list of references. Your answers should also be in Standard English with correct spelling, punctuation, grammar, and style (double spaced, in Times New Roman, 12-point, black font). Respond to questions in a thorough manner, providing specific examples of concepts, topics, definitions, and other elements asked for in the questions. 4. Provide a list of references at the end of the last page of your assignment. 5. Upload the completed assignment to the appropriate dropbox. 6. Any questions about the assignment, or format questions, should be directed to your course instructor. ------------------------------------------- Career Competencies......

Words: 938 - Pages: 4

Unit 3

...Thomas Whittemore Unit 3 Post University 1. How can Unions secure economic gains? Explain the ramifications Unions help economic growth, and they do not hinder them. Unions are out fighting for workers and getting them high pay and better pension benefits. This all translates into money that can be spent into a market economy. The more people buy products, the stronger and more powerful the economy becomes for everybody. To clarify - real unions are as important just as police, teachers, doctors etc. are necessary. Unfortunately in the US very few or none exist. Working men and woman who have fought and sacrificed for this country are the ones that have purchased true freedom and deserve to have voice 2. Briefly explain why organized labor was opposed to NAFTA. There has been significant opposition to NAFTA from organized labor. Unionists say NAFTA harms workers both here and in Mexico by taking U.S. jobs away and intensifying the exploitation of Mexican workers. Nearly half a million Mexicans already work in "maquiladoras" where over 1,500 mostly U.S.-owned assembly plants operate free of taxes and tariffs. Only about 10 percent are organized, compared to 25 percent of Mexican workers overall. Average pay runs from 50 cents to a dollar an hour. NAFTA will only intensify this exploitation as it lures corporations to set up runaway shops. Yet much of the opposition to NAFTA has been drawn on narrow lines and lets the capitalist system off the......

Words: 1521 - Pages: 7

Pa205 Unit 3 Assignment

...Unit 3 Assignment Kaplan University Introduction to Legal Analysis and Writing PA205 Briefs Using FIRAC Method Mitchell v. Lovington Good Samaritan Center, Inc., 555 P.2d 696 (1976). Facts: The appellee was terminated from the Lovington Good Samaritan Center, Inc. on June 4, 1974. On June 12, 1974 Mrs. Mitchell applied for unemployment compensation benefits. She was initially disqualified from seven weeks of benefits by a deputy of the Unemployment Security Commission. Mrs. Mitchell then filed an appeal, and the Appeal Tribunal reversed the deputy’s decision. Mrs. Mitchell’s benefits were reinstated on August 28, 1974. On September 13, 1974 the Center appealed the decision made by the Appeal tribunal to the whole Commission. The Commission overruled the Appeal Tribunal and reinstated the seven week disqualification period. Mrs. Mitchell then applied for and was granted certiorari from the decision of the Commission to the District Court of Bernalillo County. The District Court reversed the Commission’s decision and ordered the benefits to be reinstated. From the judgment of the District Court, the Center appeals. Issue: The issue is whether Mrs. Mitchell’s actions constituted misconduct under § 59-9-5(b), N.M.S.A. 1953. Rule: The term ‘misconduct’ is not defined in the Unemployment Compensation Law. The Wisconsin Supreme Court found that in a prior case no statutory definition of misconduct existed, and they formulated a definition for such. The......

Words: 1739 - Pages: 7

Pa205 Unit 8 (Natalie Attired Memo)

...Memorandum To: (Senior Partner) From: Date: Subject: Natalie Attired Unemployment Compensation Claim Office File: PA205 Statement of Facts: Natalie Attired began employment with Biddy’s Tea House in May, 2009. During her employment, Natalie received four evaluations, which improved consistently and showed no reprimands. There is no employee manual or written policy about employee conduct. In June 2010, Natalie purchased a full-sleeve tattoo which covered the entire upper right arm, the lower portion of which could be seen below the short sleeve uniform. The owner, Ms. Baker told Natalie that if she did not remove the tattoo she would be fired. Natalie refused to remove the tattoo, worked the rest of the week and was given her termination notice on Friday. Ms. Baker was unable to provide proof of a decline in sales during Natalie’s employment, but provided names of two customers who requested to be moved from Natalie’s section due to the tattoo. Natalie filed for unemployment compensation in July 2010, which was denied on the grounds that she was terminated for “misconduct” and was therefore ineligible for benefits. Questions presented: 1. Whether Ms. Attired’s failure to remove her tattoo when instructed to do so by her employer constitutes “misconduct” as defined by N.M. Stat. Ann. §51-1-7. 2. Did Ms. Baker provided proof that Natalie’s appearance negatively affected business as to cause reduced sales and profits? Brief Answers: 1. No.......

Words: 753 - Pages: 4