Draft legal memoranda.

bab_bl

leslytarin2-introtolegal-unit6assignment_need_revision.docx

Home >Law homework help > Draft legal memoranda.

Lesly Tarin

Kaplan

Unit 6 Assignment

Natalie Attired Unemployment Compensation Claim.

SAMPLE LEGAL MEMORANDUM TO: Professor Scot FROM: Senior Supervisor DATE: 11 -15-2013 SUBJECT: Natalie Attired Unemployment Compensation Claim. STATEMENT OF FACTS In May 2009, Ms. Attired began employment with Biddy’s Tea House where she received work performance evaluation every 3 months during her time of employment. Ms. Attired received a total of four evaluations (attached), which showed constant improvement with no reprimands. Comment by Windows User: This is an attorney not a Prof.

In July 2010, Ms. Natalie Attired filed and was denied unemployment compensation benefits on the grounds of “misconduct”. In June 2010, Ms. Attired purchased a full-sleeve tattoo (photo attached) which covered the entire upper right arm; there was an incident where the lower portion of the tattoo could be seen below the short sleeve uniform. Ms. Baker the owner advised Ms. Attired that if she did not remove the tattoo she would be fired. Ms. Attired refused to remove the tattoo, she was terminated on that Friday for misconduct. Ms. Biddy Baker has stated there is no employee manual or written policy about employee conduct or work attire. Ms. Baker also has not provided any proof of a decline in sales during Ms. Attired’s employment. All Ms. Baker provided was names of two customers who requested to be moved from Ms. Attired ‘section due to her tattoo.

ISSUE/QUESTION PRESENTED 1. Does Natalie’s refusal to remove her tattoo constitute misconduct under § 59-9-5(b) N.M.S.A. 1953?

2. Can Ms. Baker provide proof that Natalie’s appearance negatively affected business as to cause reduced sales and profits? BRIEF ANSWER No. Ms. Attired’s refusal to remove her tattoo does not constitute misconduct, as there was no company rule or policy in place forbidding tattoos. Also, Ms. Baker has not shown that the appearance of the tattoo negatively affected her business. Comment by Windows User: We already know she has no proof.

APPLICABLE STATUTE/RULE 1. According to New Mexico’s statute §51-1-7, a person is disqualified from receiving unemployment if the termination is the result of misconduct. Comment by Windows User: Just provide citations to the statute and three cases we briefed for class.

Conclusion Comment by Windows User: This section is due yet.

From the case above, it is clear that business law requires deeper understanding, without which, the employee may end up being charged for something he or she is not liable for. This is because failure of a person to analyze the case and support it adequately with the existing laws/

GEL-1.1

Demonstrate college-level communication through the composition of original materials in Standard American English.

Criteria

Str (Wt %)

0 (No Progress)

1 (Introductory)

2 (Emergent)

3 (Practiced)

4 (Proficient)

5 (Mastery)

GEL-1.1: Demonstrate college-level communication through the composition of original materials in Standard American English.

x 1 (100.00%)

Student work does not yet demonstrate an understanding or progress towards achievement of this outcome. Some content may be plagiarized.

Student work has a viewpoint but it is not clearly stated and the work may reveal a lack of coherence and originality. The use of Standard American English is lacking. There are significant problems with content, organization, format and mechanics.

Student work uses Standard American English and shows coherence, order and some originality, but may not include a clear viewpoint and purpose. Work synthesizes factual support, but lacks organization throughout the assignment. The work also includes one or two significant gaps in content, does not demonstrate transitions, and has some problems with format and mechanics.

Student work is in Standard American English and demonstrates the use of a clear viewpoint and purpose. The work is original, well ordered and coherent on the whole. While content is thorough and well defined there may be one or two minor errors of omission. There may also be minor errors of organization, style, and mechanics.

Student work includes clearly established and sustained viewpoint and purpose. Assignment is in Standard American English and demonstrates clear organization. Communication is very well ordered, logical and unified, as well as original and insightful. The work displays superior content, organization, style, and mechanics.

Student work includes a highly developed viewpoint and purpose. Assignment is in Standard American English and demonstrates superior organization. Communication is highly ordered, logical and unified. The assignment displays exceptional content, organization, style and mechanics.