Natalie Attired Unemployment Compensation Claim

The Statute N.M.A.S. 51-1-17, (2011) which is defined as New Mexico’s Annotated Statute describes the disqualification of employee benefits. A individual shall be disqualified and not be eligible to receive benefits if the individual voluntarily left employment, misconduct associated to the individuals employment, or has failed to apply for available work when it was offered.

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

In our situation a complaint was never filed with the company letting us know the employee was unhappy or giving us the opportunity to respond to the situation. Therefore the company was unaware of creating an intolerable working condition for that employee and we did not intentionally do it. The company experienced growth so the production schedule changed for all employees. The

Potter eligible for his complaint and is protected by the code as a non-unionized employee. The breach of the employment contract bounding Mr. Potter and the Commission clearly falls into the realm of constructive dismissal. The absence of proper authority and the change of terms of employment prior a settlement between the two parties, is why the case turned into Mr. Potter’s

Since there was not handbook or written policy for employees, and the topic of tattoos never broached that does not put him in violation of standards that Biddy’s Tea House and Croissanterie may have had.

1. What is the legal issue in this case? Linda Dillon appealed her case against her employer, Champion Jogbra, on the grounds of wrongful termination. The company’s progressive policy for disciplinary action was not applied. Therefore, Dillon makes her claim that her at will status was modified according to the employee handbook and practices. Employee’s handbook should be written clearly and reviewed by legal experts (Walsh, 2010). Champion Jogbra countered that Dillon was an at-will employee and she could be terminated at any time. Dillon also, argues against that the

The parties in this case include Bitty Baker the owner of Biddy’s Tea House and Crossantarie. The other party is an employee Natalie Attired. The action that is bringing these parties to court is Natalie got a full-sleeve tattoo and Biddy Baker wanted her to remove the tattoo or she would be fired since the tattoo is visible with the uniform and the older clientele would be disgusted by it. Natalie Attired is seeking unemployment compensation benefits. Natalie began working at Biddy’s in May 2009 as a waitress. Biddy’s evaluates employee’s performances every three months. Natalie has four evaluations. These evaluations show Natalie continuing to improve in her performance. Natalie was never written up for performance issues. There is no employee handbook or written policy about employee conduct or appearance. In June 2010 Natalie got a full-sleeve tattoo that covered her entire right arm from her shoulder to her elbow. The tattoo was partially covered by her uniform although lower part of the tattoo was visible when Natalie wore the short sleeve uniform. Biddy Baker was upset about the tattoo and asked Natalie to remove the tattoo or she would be fired. Natalie did not remove the tattoo and worked the rest of the week and was given a termination notice on Friday. Natalie filed for unemployment compensation July 2010. The claim was denied by the New Mexico Employment Security Board, because they stated that Natalie was fired

Three-fourths of businesses require employees to have no visible tattoos or piercings. A majority of companies agree that tattoos and piercings detract from a personal appearance and are irrevocable. In a recent article on Fox News a Starbucks’ employee faces firing for a small tattoo on the hand. Kayla told Fox News her managers informed her she has thirty days to begin a removal process or she would lose her job. Discrimination of professionals is very typical.

Thesis Statement: The number of people with tattoos is continually growing, but employers are still reluctant to hire those with visible tattoos.

“According to a 2010 Pew Research report, about 23% of adults born between 1981 and 1991 have piercings other than their earlobe” (Pfeifer, Web). Also, in 2012, 2 in 10 adults in the United States reported to have at least one tattoo. That number has increased to 3 in 10 adults just last year in 2015 (Shannon-Missal, Web). The prevalence of tattoos and piercings have increased dramatically over the past few decades, especially in teens and young adults known as Generation Y. Although the main reason for getting a tattoo or piercing can vary from person to person, the change in appearance is a way of expressing individuality and to portray your self-image to the public. Some people are hesitant when deciding where to get their tattoo or piercing because of the impact it will have on their appearance and in the workplace. Discrimination against tattoos and piercings in the workplace does exist, especially in white-collar employment, and it can prevent someone from potential employment or even a promotion because tattoos and piercings are considered unprofessional (Foltz, 589). Tattoos and piercings should be acceptable in the workplace because they are a way for people to express themselves and people should not be judged on their appearance, but by the quality of their work.

This example is as like as not a simple one. For model, the strife is that a four-star hotel may not want the concierge to have diffusive tattoos of skulls and crossbones on the back of each hand. Depending on the employer’s assiduity and the type of job, this may make appreciation. Companies either sustain no rule of thumb at all or establish such rigid policies that they almost appear to be perfected caper. Most corporations and diminutive businesses have no formal policies toward tattoos or piercings. Today, mark has cheap wider friendly embracement and more and more men and females equally, have them. Depending on what and where the tattoo is, there may or may not be an issue for employers.

Tattoos in the work place; some find them to be works of intricate art, others find them to be distracting. It varies in nature on how people feel about the delicate ink placed on their bodies that will stay there forever. The older generation of America look upon tattoos as a sign of unprofessionalism and delinquency, yet many who possess them hold their work ethic far beyond one would imagine. If a small amount or even large amount of ink is the cause of rejection for a more than qualified employee, then it is the company’s loss as well as the future employee. Although tattoos may take away a degree of professionalism and integrity within the workplace, it should not decide or factor into the hiring process, because many who have them may

"Having tattoos and being an old punk rock musician is part of that." In a Careerbuilder.com survey, 31 percent of human resource managers said visible tattoos could have a negative impact on their decision whether to hire someone, but bad breath weighed even heavier in the survey. O'Grady said the issue of tattoos on the job is an interesting example of how business traditions, new social norms, and legal issues collide in the modern workplace. Wrong." Other tattoos Trono is thinking of having removed have been on her body for more than twenty years. In most cases employers can legally refuse to hire people with visible tattoos, O'Grady said. They are: the belief that an employee will not be taken seriously by tradition-minded clients; the

Admittedly, Many employers worry tattoos and piercings will affect their businesses, but it will not have the effect they think it will. For example, customers are not going to walk out of a eating establishment because their server has piercings or tattoos. As long as body modifications does not pose a health and safety risk on the job, they should not factor into an employer’s decision to hire. Having ink embed in skin in a design of someone’s choosing does not alter their ability to be productive, charismatic, or respectful in the work

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.