764 P.2d 1316
Supreme Court of New Mexico.
Billie J. RODMAN, Petitioner–Appellant,
NEW MEXICO EMPLOYMENT SECURITY DEPARTMENT and Presbyterian Hospital, Respondents–
No. 17721.Nov. 30, 1988.
The District Court, Bernalillo County, Ross C. Sanchez, D.J., upheld administrative decision denying
unemployment compensation to claimant. Claimant appealed. The Supreme Court, Ransom, J., held that incident
precipitating claimant’s termination demonstrated willful disregard for her employer’s interests.
Stowers, J., specially concurred and filed opinion.
Attorneys and Law Firms
**1317 *759 Juan A. Gonzalez, Legal Aid Society of Albuquerque, Inc., Albuquerque, for petitioner-appellant.
Connie Reischman, New Mexico Employment Sec. Dept., Albuquerque, for respondents-appellees.
An administrative decision of the New Mexico Employment Security Department denying unemployment
compensation to Billie J. Rodman was reviewed on certiorari by the district court. Rodman now appeals to this
Court from the order of the district court affirming the administrative decision.
Rodman 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. Prior
restrictions had been placed on Rodman’s conduct due to personal problems adversely impacting upon her place of
work. At issue is whether the misconduct which warranted termination from employment rose to the level of
misconduct which would warrant denial of unemployment compensation under NMSA 1978, Section 51–1–7 of the
Unemployment Compensation Law.
The Department reasonably summarizes the substantial evidence as follows: 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...