Read the e-mail detailing your legal memo assignment (available in DocSharing). Prepare a draft of the first four sections of the legal memo
(statement of facts, questions presented, brief answers, and applicable statute).
Should be in Legal Memo Format!
TO: Chief Prosecuting Attorney
DATE: 31 July, 2012
RE: The Natalie Attired Case; filing action against New Mexico Unemployment Security Board
Statement of Facts
Natalie Attired working at Biddy’s Tea House and Croissanterie in Truth or Consequences, NM was abruptly fired after getting a tattoo which was visible through her work attire. The only warning came from her coworker, there not being an employee manual or a written employee conduct policy. After the tattoo, however, Biddy expressed her displeasure and warned her to have it removed. Upon her refusal, she was fired soon thereafter. The New Mexico Employment Security Board denied her claims to unemployment compensation in July 2010 stating the reason for being fired was misconduct. Biddy provided information on two customers who asked to be seated away from Natalie’s area of work; she could not provide conclusive proof the earnings were hurt.
Questions presented include whether it was actual employee misconduct? Does the absence of a written policy absolve Natalie of misconduct and whether the New Mexico Unemployment Board is right in denying her claims?
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