Legal Memorandum on Unemployment Compensation Claim

2. The outcome of this issue is governed by Restatement (Second) of Torts § 46 (1965) Outrageous Conduct Causing Severe Emotional Distress. The elements of this cause of action are (1) the wrongdoer's conduct was intentional or reckless, that is, he intended his behavior when he knew or should have known that emotional distress would likely result; (2) the conduct was outrageous, that is, as to go beyond all bounds of decency, and to be regarded as odious and utterly intolerable in a civilized community; (3) the conduct caused the emotional distress; and (4) the emotional distress was severe.

Most companies’ customer services’ employers cannot have a visible tattoo. Many believe it is not a professional appearance for their employers. A recent study showed that 31 percent of the employers did not get a promotion due to having a visible tattoo. An ultimatum is made by the employees; either they wear long-sleeve to cover their tattoos on their arm or get the tattoos removed. Tattoo

A medical office needs to be compliant with employment laws; this will ensure they do not have lawsuits that could patiently put a company out of business. This also helps the offices run smoothly and free from errors. There are several employment laws a few of them are the American with Disabilities Act (ADA), the Employee Retirement Income Security Act (ERISA) and the Health Insurance Portability and Accountability Act (HIPAA). The American with Disabilities (ADA) is when an employer is to provide reasonable accommodation to an employee with a known mental or physical limitation, or a qualified individual with a

People are told to not discriminate against someone for something an applicant can’t control, and doing so would be illegal. With that being said, visible tattoos and body piercing are something very much controllable. She uses a very good example that runners would be at a disadvantage if they were to run 100 meters wearing combat boots. People who choose to have piercings and tattoos put themselves at a disadvantage. Imagine if 2 people walked into a job for an interview. They both had the same amount of experience, but one is dressed in a nice suite

The issue presented in this situation is whether the New Mexico Employment Security Board wrongfully withheld unemployment compensation benefits after Nathan Anderson was termination for misconduct from Biddy’s Tea House and Croissanterie. An individual “shall be disqualified for and shall not be eligible to receive unemployment compensation benefits if it is determined that the individual has been discharged for misconduct connected with the individual’s employment.” N.M. Stat. Ann. § 51-1-7. The term misconduct is not defined in this statute.

I am pleased to report that we were able to settle your Workers’ Compensation case for the total amount of $135,000.00 which was $5,000.00 more than you authorized me to accept. The net to you per our fee agreement will be $108,000.00 tax free. We will have paperwork for you to sign within the next week or two. After that, we will present the settlement to a Worker’s Compensation Court Judge for approval.

Although tattoos represent a variety of things in a person’s life, they don’t necessarily dictate how well a person is able to perform their job. For the last few months, there has been an ongoing debate about troops in the Army that have tattoos, and as a result their careers have been placed on the line. With this upcoming change, it has been specifically said that troops cannot have tattoos that extend below their knees and above their elbows and ones that reach above their neckline. Sgt. Maj. Raymond Chandler argues that tattoos cannot be racist, extremist, or sexist. If the tattoo violates that then they will have to get it removed (Freedberg). While it is assumed that this is limited to new recruits, it will also be applied to the

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

3) How should Paige approach any legal cause of action, and what is that cause of action? Should she commence litigation, or is another alternative more preferable? (Colorado State University-Global Campus, 2014b).

Tattoos are becoming very popular amongst the people of my generation, but now they seem to be creating more buzz than ever when it comes to today’s job market. Jon Kelly and Rachel Hennessey wrote articles covering this topic presenting the views of employers and their policies against tattoos. In both articles, they discuss how employers frown upon the art of employees inking. The biggest reason is because, some employers feel that tattoos deliver an unprofessional look to the customer and that can ruin the image built and portrayed by their prosperous companies.

CATO Corporation states in their employee handbook under what associates are to wear that, “No tattoos that may be considered offensive to our customers or other associates should be visible.” (CATO: The Cato Corporation, 2005) This is beginning to happen in many other companies, so that they may still be able to hire that qualified worker, without needing to dismiss that person because they have a visible tattoo. In 2010, a research poll found that 72% of those polled with tattoos had them in a place easily hidden. (Gasper, 2010) Also, there is a new was to have that tattoo, easily visible, but still not be able to see it. UV tattoos. UV Tattoos, or black light tattoos have been recently introduced into today’s tattoo market. It is applied the same as any other tattoo, it just has to be done under a blacklight in order for the tattoo artist to see his artwork in progress. The FDA has not yet given a 100 % ok of this UV ink to be safe because the phosphorus present in the ink can cause irritation to the skin, but some tattoo parlors are making organic versions and make UV tattoos

A situation in 2002 led to a police officer being forced to wear long sleeves and pants to conceal his tattoos. The department, which allowed for it’s officers to have tattoos, decided to make one officer hide his tattoos because “[they] were so excessive as to be unprofessional.” The tattoos that were being prohibitedd included “a Celtic tribal band, a Celtic design with his wife’s name, a mermaid, a family crest, the cartoon character Jessica Rabbitt, and, on his back, a two-foot by two-foot full-color rendering of St. Michael spearing Satan.” One can only wonder why one man’s tattoos are considered unprofessional while other’s are not.

SLEEVE TATTOOS: A TATTOO(S) THAT IS VERY LARGE OR A COLLECTION OF SMALLER TATTOOS THAT COVERS, OR ALMOST COVERS, A PERSON'S ENTIRE ARM OR LEG. A HALF/QUARTER SLEEVE TATTOO IS DEFINED AS A VERY LARGE TATTOO OR A COLLECTION OF SMALLER TATTOOS THAT COVERS, OR ALMOST COVERS, THE ENTIRE PORTION OF AN ARM OR LEG ABOVE OR BELOW THE ELBOW OR KNEE.

Ms. Steele has been unable to work. The duration is unknown. On 11/16/16 a current off work slip was obtained. Ms. Steele is off work for 3 months. Vocational counseling was also added by Dr.

This paper focuses on the subject of whether or not tattoos and piercings should be allowed in the workplace. There are a lot of resources arguing that they should not be allowed, but this research maintains the point that they should be more accepted in the workplace these days. This paper concludes by discussing how tattoos and piercings are much more of an artistic expression rather than a form of rebellion as it was once considered.