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Apodaca V. New Mexico

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Alyce Farrish
Rodman Brief

Rodman v. New Mexico Employment Security Department, 764 P.2d 1316 (N.M. 1988)
Rodman v. N.M., 764 P.2d 1316 (1988)

Facts: Ms. Rodman (appellant) was an employee of Presbyterian Hospital as a unit secretary for nearly eight years. On February 17, 1987, Ms. Rodman was terminated under hospital personnel policies following a “third corrective action” notice. In June of 1986 Ms. Rodman was reprimanded for having received an inordinate amount of personal telephone calls and visits from people while she was at work and on company time. Her behavior was disruptive to the patients as well as other employee’s. She was informed by her boss not to take any more personal calls outside of being on break or dinner and she was not to have any visitors at her work station. These breaks were to take place in an area not visible by patients, or other staff, and she was not to leave the confines of the hospital unless she reported leaving to her immediate supervisor. On February 15, 1987, Rodman arrived at work, but prior to arriving, called her boyfriend’s mother and told her not to let her boyfriend have her car keys. While she was at work his mother called and told her that her boyfriend had her car keys, she told the mother to have him call her at work. He called and she told him she could not speak with him at her station, he hung up, called her back and left a number for her to call him. Ms. Rodman went to the break room and called him. When she returned to her station her he again called and told her to come down stairs, she said no, at first, but when he said he would come upstairs, she went to meet him. She called security as she was told to by her supervisor. A fight ensued between her and her boyfriend and he drove off with her in the car. Thirty five minutes later she returned to her work station, but continued to receive phone…...

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