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CASE Brief Essay

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Case Brief
764 P.2d 1316
Supreme Court of New Mexico.
Billie J. RODMAN, Petitioner–Appellant,
v.
NEW MEXICO EMPLOYMENT SECURITY DEPARTMENT and Presbyterian Hospital, Respondents–Appellees.
No. 17721.Nov. 30, 1988.
Written By: Lawrence Pelkey

Facts:
Billie J. Rodman, Appellant was employed by Presbyterian Hospital as a unit secretary for eight years when, on Feb 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.
Rodman was reprimanded in June 1986 for receiving an inordinate number of personal telephone calls and visitors at her work station, …show more content…

The boyfriend’s mother called her at work and told her the boyfriend had her car keys. Rodman told the mother to have the boyfriend call her at work. When he did, she informed him that she could not talk to him at her duty station, and he hung up on her. He called her back and left a number where he could be reached. She left the work area and went to the break room to call him. After returning to her duty station, Rodman got another telephone call from her boyfriend who told her to go downstairs to the lobby to meet him and pick up the keys. When she refused, he told her that if she did not come down he would come up to her department. Claimant left the department to confront her boyfriend, and, because her supervisor was at lunch in the hospital cafeteria, Rodman notified a co-worker, a registered nurse, that she was leaving. Rodman testified, “I didn’t want any kind of confrontation at the desk, so I went downstairs.” Before she left her desk, Rodman called the employer’s security guard and asked him to meet her in the lobby because she anticipated that a problem could develop. When Rodman got to the lobby, her boyfriend started yelling and forced her outside. In doing so, he tore her shirt. At this point the security guard arrived and observed them arguing. Rodman was in the passenger seat of her car. The security guard instructed the boyfriend to

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