Legal Memorandum

PA205: Introduction to Legal Analysis and Writing

Unit 5 Assignment

Notes from Client Interview: Natalie Attired

 23 years old

 Grew up in Albuquerque, New Mexico

 Attended private schools through 12th grade

 After graduation in 2007, spent a year in Europe, mostly Paris Returned from Europe in 2008 and enrolled at New Mexico State University, planning to major in Early Childhood Education. After a couple classes, found out that she didn’t like working with small children and reconsidered her career plan. While she attended NMSU, she often went to a local bar called Skully’s, which catered to a mix of college students and members of the local biker community. At Skully’s, she met a 30 year-old man named Zeke Teller, who was a member of the Los Calambres Motorcycle Club. Zeke had three children from three previous relationships. In early 2009, Natalie began riding on his motorcycles and after a few months of hanging around the club became Zeke’s “old lady.” After attending NMSU for one year, Natalie dropped out of school in May 2009 and began working as a waitress at Biddy’s Tea House and Croissanterie in Truth or Consequences, NM. Biddy’s has been in business for over 20 years, and is run by Biddy Baker, age 60. The restaurant serves tea, sandwiches, scones, and desserts. No alcohol is served in the establishment. Biddy’s evaluates waitress’ performance every three months. Natalie received four evaluations while she worked there (attached). There is no employee manual or written policy about employee conduct. After she had been working at Biddy’s for about three months, Natalie mentioned to another waitress that her boyfriend, Zeke, wanted her to get a tattoo. The other waitress, who had been working at Biddy’s for 10 years, cautioned Natalie to “get it where the sun don’t shine” because if a tattoo was visible at work Nataile would be fired. In June 2010, Natalie spent $XX on a full-sleeve tattoo which covered her entire upper right arm, from shoulder to elbow. The tattoo was partially covered by the waitress uniform, but the lower portion near the elbow could be seen when the short-sleeved uniform was worn. Biddy Baker was upset at this change in Natalie’s appearance and told Natalie that if the tattoo was not removed she would be fired. Natalie refused to remove the tattoo. She worked at Biddy’s for the rest of the week and was given a termination notice on Friday. Ms. Baker said that the “more mature” clientele who came to her tea house would be “appalled and disgusted” by Natalie’s tattoo, leading to a decline in sales. However, Ms. Baker was not able to provide any proof that sales or profits declined during the time Natalie worked there. However, she did provide the names of two longtime customers who requested a different table when seated in

Natalie’s section the day before she was fired, because “who wants to look at that while you’re eating?” Natalie filed for unemployment compensation in July 2010. Her claim was denied by the New Mexico Employment Security Board on the grounds that she was terminated for “misconduct” and was therefore ineligible for unemployment compensation. Natalie would like to know if she has a claim against the NMESB for wrongfully withholding her unemployment compensation.