Legal Memorandum on Unemployment Compensation Claim

1292 Words Jan 10th, 2018 5 Pages
STATEMENT OF FACTS
The client, Natalie Attired, 23 years-of-age and a high school graduate attended New Mexico State University. Natalie dropped out of college after 12 months and began a job as a waitress. Most recently, Ms. Attired has been employed at Biddy Baker's restaurant. Ms. Baker conducts job reviews on her waitresses every three months.
Ms. Attired is reported to have gotten a tattoo known as a 'full sleeve' tattoo meaning that the tattoo covers Ms. Attired's upper right arm from her should to her elbow and this tattoo is only partly covered when Ms. Attired wears short-sleeved uniforms but does not show in uniforms with long sleeves.
At the time of the job review for Ms. Attired, Ms. Baker instructed the client to remove the tattoo however; Ms. Attired refused to do so and was terminated on the grounds of 'misconduct', which resulted in her being ineligible to receive unemployment compensation benefits.
Ms. Attired has consulted the firm seeking advice as to whether she has a claim under the NMESB for wrongfully withholding unemployment compensation benefits from her.

ISSUES/QUESTIONS PRESENTED
The issues in this case include those stated as follows:
(1) Does the refusal of Ms. Attired to remove the full-sleeve tattoo result in her commission of misconduct under the New Mexico laws that govern these issues?
(2) Is there any evidence that Ms. Attired's full-sleeve tattoo…
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