FIRAC Case Brief
PA205: Introduction to Legal Analysis and Writing
Mitchell v. Lovington Good Samaritan Center, Inc., 555 P.2d 696 (N.M. 1976)
FACTS: Zelma Mitchell’s employment at Lovington Good Samaritan Center, Inc. was terminated for alleged misconduct. The alleged misconduct included refusing to administer medication as part of her duties, singing while counting medication which is unethical as it is a distraction, coming to work out of uniform on more than one occasion, filling in time card without having worked the hours recorded, and the “last straw” was being combative towards other employees.
ISSUE: Do the actions of Mrs. Mitchell during her ...view middle of the document...
On the other hand mere inefficiency, unsatisfactory conduct, failure in good performance as the result of inability or incapacity, inadvertencies or ordinary negligence in isolated instances, or good faith errors in judgment or discretion are not to be deemed ‘misconduct’ within the meaning of the statute.”
ANALYSIS: The actions of Mrs. Mitchell on the day she was terminated and throughout her employment at the Center does constitute misconduct according to Boynton Cab Co. v. Neubeck. Mrs. Mitchell showed disregard for her employer’s interests by being negligent, insubordinate and combative. Singing while counting medication and refusing to administer medication is unethical and negligent making her continued employment a liability. Coming to work out of uniform several times and the refusal to go home and return in prescribed attire shows insubordination. On the day of Mrs. Mitchell’s termination, she was combative to coworkers, calling them names and arguing with the director of the Center, Mr. Smith.
CONCLUSION: Due to Mrs. Mitchell’s actions during her employment at Lovington Good Samaritan Center, Inc., showing her willful disregard of interest of the Center, she is not qualify for unemployment compensation benefits. Each individual misconduct may not have been enough cause for termination but the sum of them all does show substantial disregard on Mrs. Mitchell’s behalf.