Legal Opinion · Dissent

Alonzo v. New Mexico Employment Security Department

New Mexico Supreme Court

Decided October 12, 1984No. 14942Published

1DissentStowers, Justice

I dissent.

The evidence in this case clearly demonstrates that the appellant (Alonzo) committed an act of insubordination constituting misconduct. A deliberate or willful refusal by an employee to obey a reasonable order or directive which an employer is authorized to give and entitled to have obeyed constitutes insubordination. See School District No. 8, Pinal County v. Superior Court, 102 Ariz. 478, 433 P.2d 28 (1967); Beatty v. Automatic Catering, Inc., 165 Colo. 219, 438 P.2d 234 (1968); Avery v. B & B Rental Toilets, 97 Idaho 611, 549 P.2d 270 (1976).

Furthermore, a reading of the statute…

2Cases cited6 opinions

  1. Avery v. B & B RENTAL TOILETSIdaho Supreme Court · 1976
  2. School District No. 8, Pinal County v. Superior CourtArizona Supreme Court · 1967
  3. Abernathy v. Employment Security CommissionNew Mexico Supreme Court · 1979
  4. Beatty v. Automatic Catering, Inc.Supreme Court of Colorado · 1968
  5. Baca v. Employment Services Division of the Human Services DepartmentNew Mexico Supreme Court · 1982

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