New Mexico Whistleblower Retaliation Attorney
Working as a public employee offers the fulfilling chance to serve and improve your community every day. There’s a unique satisfaction in knowing your work directly contributes to the public good—whether you’re fixing roads, teaching kids, or keeping neighborhoods safe. It’s about doing the right thing for the right reasons, and there’s a special pride and satisfaction in performing public service. Unfortunately, there are times when public employees are asked to do things that do not help people. Sometimes their boss or even their boss’s boss will ask them to take part in improper, unethical or even illegal activities. It takes tremendous strength of character to say no to these requests because there is a real concern that saying no will cost a person their job or suffer other forms of retaliation in the workplace.
New Mexico Public Employees Have Protection From Retaliation
In New Mexico persons working for a public employer such as state agencies, a school district, or local government are protected from retaliation from their employer if they refuse to engage in improper, unethical or illegal actions. These protections also apply when a public employee discovers illegal, unethical or improper acts that their employer or co-workers are engaged in and they report this conduct. Reporting this kind of misconduct is sometimes referred to as whistleblowing or blowing the whistle.
In 2010 New Mexico passed the New Mexico Whistleblower Protection Act. This law makes it unlawful for public employers in New Mexico to retaliate against their employees because they reported government misconduct or refused to engage in misconduct themselves.
Our firm has successfully fought for public employees who were unfairly retaliated against for reporting misconduct recovering over $300,000 in a single case against New Mexico CYFD.
A public employer that violates the provisions of the Whistleblower Protection Act faces serious consequences under the law including
- Payment of actual damages
- If the employer fired, transferred or demoted the employee reinstatement with the same seniority status that the employee would have had but for the violation
- If the employer fired the employee or reduced the employee’s pay the employee is entitled to double the amount of pay they lost out on with interes, and
- Payment for any special damage sustained as a result of the violation.
The employer is also required to pay the litigation costs and reasonable attorney fees of the employee.
If you are a public employee dealing with a situation at work in which you have reported misconduct, refused to participate in misconduct and have been terminated or otherwise retaliated against call 505-494-4656 today to discuss your legal options. All consults are free and confidential. You can also schedule a consultation by filling out our online contact form.