Sanchez v. NM DEPT. OF LABOR, EMP. SEC.

786 P.2d 674, 109 N.M. 447
CourtNew Mexico Supreme Court
DecidedFebruary 12, 1990
Docket18193
StatusPublished

This text of 786 P.2d 674 (Sanchez v. NM DEPT. OF LABOR, EMP. SEC.) is published on Counsel Stack Legal Research, covering New Mexico Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sanchez v. NM DEPT. OF LABOR, EMP. SEC., 786 P.2d 674, 109 N.M. 447 (N.M. 1990).

Opinion

786 P.2d 674 (1990)
109 N.M. 447

Leo SANCHEZ, Plaintiff-Appellant,
v.
NEW MEXICO DEPARTMENT OF LABOR, EMPLOYMENT SECURITY DIVISION, and Furr's, Inc., Defendants-Appellees.

No. 18193.

Supreme Court of New Mexico.

February 12, 1990.

*675 Duff Westbrook, Albuquerque, for plaintiff-appellant.

Hal Stratton, Atty. Gen., D. Sandi Gilley, Sp. Asst. Atty. Gen., for defendants-appellees.

OPINION

MONTGOMERY, Justice.

Plaintiff Leo Sanchez (Sanchez) appeals the denial of his application for unemployment benefits. The Department of Labor, Employment Security Division (Department), originally awarded him benefits. His employer, Furr's Inc. (Furr's) appealed. After hearing evidence the Department's hearing officer reversed, holding that Sanchez was disqualified from receiving benefits because his employment had been terminated for misconduct. After the Department's Board of Review affirmed the hearing officer, Sanchez filed a petition for certiorari in district court pursuant to NMSA 1978, Section 51-1-8(M) (Repl. Pamp. 1987), and SCRA 1986, 1-081(C) (now SCRA 1986, 1-081(B) (Cum.Supp. 1989)). The district court entered findings and conclusions upholding the denial of benefits. Finding that the ruling of the district court is supported by substantial evidence in the record as a whole, we affirm.

I.

Sanchez was employed as assistant manager at a supermarket in Albuquerque. As part of his job he was responsible for ensuring that grocery items were unloaded from delivery trucks onto the loading dock and then stocked onto the store's shelves prior to the store's opening at 8:00 a.m. In order to accomplish this he was required to report to work at 4:00 a.m.

In 1987 the store had been experiencing problems with excess shrinkage of inventory. Because of this, in February 1987 the employer hired a security officer to conduct an investigation of what was apparently an ongoing inventory theft problem. In July 1987, still concerned with possible theft, the employer instituted a policy whereby all members of management were prohibited from opening or closing the store unaccompanied by another employee. Under the policy the person in charge of opening the store, accompanied by another authorized employee, was required to sign the opening/closing log, print the name of the second employee present, and indicate actual time of opening. Sanchez was aware of this policy and had, along with other managerial employees, signed a written copy of the policy. The copy signed by Sanchez stated that "THERE WILL BE ABSOLUTELY NO EXCEPTIONS TO THIS POLICY!!!"

On the morning of December 31, 1987, the investigator employed by Furr's was *676 conducting surveillance from a parking lot across the street from the store. He observed Sanchez arriving at the store at approximately 3:26 a.m. He testified that Sanchez circled the store once in his car, then parked near the building, not in his usual parking place, and entered the store alone. He left approximately ten minutes later, drove around the building a second time with his lights off, and then drove away. He returned shortly after 4:00 a.m. and parked in his usual space. By the time he returned two other employees had opened the store. They discovered that the alarm system for both the front and back doors of the store had been turned off. Sanchez' time card indicated that he clocked in at 4:08 a.m.

Sanchez steadfastly maintained that the reason he entered the store early was to verify whether a delivery truck had arrived. He stated that the store had experienced problems with trucks arriving late or not at all and that during this period the store was understaffed and it therefore had become increasingly difficult for him to ensure that the store shelves were stocked on time. He further claimed that he had asked the manager to call him to tell him whether the truck had arrived, and when he was not called he went to the store to check for himself. When he left the store he went to pick up another employee whom he often gave a ride to work, but when the employee did not come out he returned to the store in order to begin his shift at 4:00.

The security officer testified that he was keeping the store under surveillance because of problems with shortages in cigarettes. There are suggestions in the record that Sanchez had been under suspicion because his wife owned a smoke shop, but at the hearing the Furr's district manager testified that Sanchez was not fired because he was suspected of stealing but because he had violated the company policy by entering the store alone. There is no evidence that Sanchez had violated the policy on any other occasion.

Sanchez argues two grounds for reversal on appeal: (1) The district court's determination that he was discharged for misconduct was not in accordance with law, and (2) the district court's decision is not supported by substantial evidence. We first discuss the standard of review, then the two issues raised.

II.

On certiorari from an agency determination the district court is to determine whether, viewing the evidence in the light most favorable to the agency's decision, the findings have substantial support in the record as a whole. In re Apodaca, 108 N.M. 175, 177, 769 P.2d 88, 90 (1989). The court may not reweigh the evidence. Id.

The district court is required to adopt the agency's findings of fact that it determines are supported by substantial evidence and to make such conclusions of law as lawfully follow therefrom. Rodman v. New Mexico Empl. Sec. Dep't, 107 N.M. 758, 763, 764 P.2d 1316, 1321 (1988). Where, however, the court decides that the result reached by the agency was correct, but that the specific findings are inadequate or ambiguous due to a misapprehension of the law, the court may adopt independent findings and conclusions based on the record made before the agency. Id. This Court reviews the district court's findings to see if they are supported by substantial evidence in the record as a whole.

In this case the district court entered its own findings and conclusions. The court concluded that "[t]he claimant's conduct in entering the employer's premises at 3:26 a.m. on December 31, 1987 alone constitutes a willful and wanton violation of a resonable [sic] and known rule," and that "[t]he claimant was discharged for misconduct connected with work and is properly disqualified from receipt of unemployment compensation benefits for having been discharged for misconduct... ."

III.

NMSA 1978, Section 51-1-7(B) (Repl. Pamp. 1987) provides that an individual shall not be eligible to receive unemployment compensation benefits "if it is determined by the department that he has been *677 discharged for misconduct connected with his work or employment." Misconduct is not defined in the statute.

Sanchez argues that the Department used an incorrect definition of "misconduct." The hearing officer concluded that:

"misconduct" denotes a material breach of the contract of employment or conduct reflecting a wilful disregard to [sic] the employer's best interests.
An employee discharged for violating a company rule, generally is considered discharged for misconduct connected with his work... .

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Sanchez v. New Mexico Department of Labor
786 P.2d 674 (New Mexico Supreme Court, 1990)

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786 P.2d 674, 109 N.M. 447, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sanchez-v-nm-dept-of-labor-emp-sec-nm-1990.