Law and Natalie Attired Case Essay Example

Law and Natalie Attired Case Paper Law and Natalie Attired Case BY Jae1214 TO: Alexis Schlamberg FROM: RE: Natalie Attired Case DATE: November 19, 2013 Statement of the Facts Natalie Attired, 23, was fired from her position as a waitress at Biddys Teahouse for having a visible tattoo. The owner, Biddy Baker fired Miss Attired because she would not remove the tattoo and feared that an employee having a tattoo that was visible would upset her more mature patrons, which would affect profits. No documentation could be provided that showed a loss of profits. Ms. Baker did state hat two patrons asked to be reseated the day before she was terminated. Natalie stated that there was not an employee handbook or stated to by Ms. Baker that tattoos were not allowed. However, she did state that a co-worker, a year earlier, did tell her to make sure it is placed where the sun does not shine because Biddy baker would not be happy. In July of 2010, Miss Attired applied a claim for unemployment and was denied by the New Mexico Unemployment Security Board because her actions were because of misconduct. Issue Does Miss Attireds actions meet the criteria of misconduct in NM Stat S 51-1-7 (West) Short Answer Rule of law An individual shall be disqualified for and shall not be eligible to receive benefits: (2) if it is determined by the division that the individual has been discharged for misconduct connected with the individuals employment; or Analysis While the law does state that any employee that is terminated for misconduct will not receive benefits. We will write a custom essay sample on Law and Natalie Attired Case specifically for you for only $16.38 $13.9/page Order now We will write a custom essay sample on Law and Natalie Attired Case specifically for you FOR ONLY $16.38 $13.9/page Hire Writer We will write a custom essay sample on Law and Natalie Attired Case specifically for you FOR ONLY $16.38 $13.9/page Hire Writer The question remains does this apply to this case? When examining case law in this area there seems to be a very cut a dry way the courts ave ruled. Simply put does the NMUSB have the right to disqualify Miss Attired established in the Zelma M. Mitchell v. Lovington Good Samaritan Center, Inc. , 555 P. 2d 696 (N. M. Sup. Ct. 1976). The court created a precedent that misconduct is determined to be . misconduct s limited to conduct evincing such willful or wanton disregard of an employers interests as is found in deliberate violations or disregard of standards of behavior which the employer has the right to expect of his employee, or in arelessness or negligence of such degree or recurrence as to manifest equal culpability, wrongful intent or evil design or to show an intentional and substantial disregard of the employers interests or of the employees duties and obligations to his employer. On the other hand mere inefficiency, unsatisfactory conduct, failure in good performance as the result of inability or incapacity, inadvertencies or ordinary negligence in isolated instances, or good faith errors in Judgment or discretion are not to be deemed misconduct within the meaning of the statute. When reading what the court deemed to be misconduct the question remains does the tattoo that Miss Attired bought and would not remove mean she was intently going against her employers wishes if there is no written rule or employee handbook to follow and does evidence need to be supported that there will be a loss of business as Ms. Biddy is claiming there will be. When examining and case of Its Burger Time, Inc v. New Mexico Department of Labor Employment Security Department, Board of Review et. al, 769 P. 2d 88 (N. M. Sup. Ct. 989), the courts have stablished that evidence must be shown that a loss of business is in direct correlation to the act deemed as misconduct. Conclusion Miss Attireds case will be overturned based on the criteria that misconduct cannot be established as willful or wanton disregard of the employers wishes because there was not an employee handbook. Other evidence that will be considered and supported is that the employer could not show a loss of business or p atrons to her establishment and therefore the tattoo had no affect on her business which does not support being misconduct.

When we two parted by Lord Byron and First Love by John Clare Essay Example

When we two parted by Lord Byron and First Love by John Clare Essay Example When we two parted by Lord Byron and First Love by John Clare Paper When we two parted by Lord Byron and First Love by John Clare Paper Essay Topic: Poetry The art Of Love Explore the themes of love and Loss and how they are expressed in the poems When we two parted by Lord Byron and first Love by John Clare. Answer When we two parked by Lord Byron and First Love by John Clare both deal with love that was once dear and is lost. While When we two parked is about the unhappy end of a clandestine romance, First Love is about unrequited love. The title of When we two parked is direct and provides a glimpse of Byrons feeling of heartbreak, despair and desolation. Reiterated in the first line, it lends the poem a tone of sadness and melancholy. The words First Love summons a feeling of innocence and naà ¯Ã‚ ¿Ã‚ ½vetà ¯Ã‚ ¿Ã‚ ½, the poet has never been in love before and is doomed to get his heart broken. His title lends a tone of hope, which is ultimately crushed, making it an ironic title. The regular ABABCDCD rhyming scheme of both these poems lends a feeling of constant loss and desolation. Enjambment is used to mirror the chaos of the poets feelings, in When we two parked. First Love has punctuation marks after almost every line, mirroring the poets innocence. Both the poems use vivid imagery of cold. First Love uses snow and winter to mirror desolation after the first exhilaration of love; and the snow symbolises the death of the poets love. When we two parked uses chill and dew to explore the feelings of betrayal and tears. Physical effects of the loss of love is evident in First Love as the poet uses violent metaphoric verbs to symbolise his anguish blood burnt, reference to blood abound in the poem, linking his love to his very life. He is blinded by infatuation, his eyesight gone quite away as he figuratively explains how he could se none but his love. Byron also feels physical pain when he remembers his love, but this is a pain of shame, a knell to his ear. We shudder as he remembers his relationship and insinuates about her unfaithfulness. Byron is ashamed and regrets his relationship deeply. The woman is described as pale in the poem, not the man, suggesting that she was responsible for the break up. Both the poems have an element of deception in them. In When we two parted Byron openly blames his lover for ending the relationship and leaving him half broken hearted. He portrays her as a flirt and as being light while he shares the shame. They shared a clandestine relationship, one that the society would have frowned upon. In First Love, the deception is the poets own, as Clare details how he fell for a woman only for her looks. He was infatuated with her and her sweet face and blamed himself when she did not requite his love. His innocence is taken away as he describes his heart which will never recover from the blow. The last stanza of the poems shows that the love has not been forgotten. Byron imagines his meeting with his lady and how he would react, while Clare believes that he can never love again. My heart can return no more. First Love uses alliteration to detail the poets feeling of novelty, sibilants such as sudden and sweet, being in love for the first time and repetition of pale to reinforce the feeling. Pale also fore shadows an unhappy end to his love. Personification and hyperbole abound as he is carried away by his infatuation, but again, clay and aid suggest that all is not well. By the last stanza, innocence has turned to weary experience as he asks the rhetorical question Are flowers the winters choice? He is dejected but the last stanza shows a hint of acceptance but not forgiveness, as he blames her very soul for deceiving him. When we two parted and First Love both speak about the loss of love. Sometimes it is one sided (and has turned to hate), blaming the woman who ended Byrons relationship thy vows are all broken and sometimes unrequited, but not forgotten, as with John Clare. But to both the poets, love is a beautiful feeling to be enjoyed, only regretted when it is over.