On July 8, 2020, we filed Morgan Wood v. New Mexico Public Defender Department and Bennett Baur, Chief Public Defender, an action under the New Mexico Whistleblower Protection Act ("NMWPA"), New Mexico Fair Pay for Women Act ("NMFPWA"), and New Mexico Human Rights Act ("NMHRA") in the County of Santa Fe, First Judicial District Court. … Continue reading Morgan Wood v. New Mexico Public Defender Department and Bennett Baur, Chief Public Defender
Bostock Extends Title VII Protection to LBGTQ Workers
In a surprising 6-3 majority opinion, Bostock v. Clayton County, Georgia, the United States Supreme Court has held terminating an employee for being homosexual or transgender violates Title VII of the Civil Rights Act of 1964.
Statczar v. Thornburg Investment Management, Inc., Brady, Bhatt, Jones, and Thornburg
In 25 years as a Mutual Fund professional, Troy Statczar never received a single write-up or disciplinary action until he challenged CEO Jason Brady having an affair with a direct subordinate while rapidly promoting her within Thornburg Investment Management, Inc. After Statczar spoke out, Thornburg and Brady fired him. On November 12, 2019, we filed Troy Statczar v. Thornburg Investment Management, Inc., Jason Brady, Nimish Bhatt, Dana Jones, and Garrett Thornburg, an action under the New Mexico Human Rights Act ("NMHRA"), in the County of Santa Fe, First Judicial District Court. View the Complaint here. Persons with information may reach us via our Contact Form.
Barbara Lopez v. City of Santa Fe, John Muñoz, AFSCME Local 3999, and Michelle Gutierrez
On September 27, 2019, we filed Barbara Lopez v. City of Santa Fe, John Muñoz, AFSCME Local 3999, and Michelle Gutierrez, an action under the New Mexico Whistleblower Protection Act ("NMWPA"), in the County of Santa Fe, First Judicial District Court. View the Complaint here. Persons with information may reach us via our Contact Form. … Continue reading Barbara Lopez v. City of Santa Fe, John Muñoz, AFSCME Local 3999, and Michelle Gutierrez
Nadine Trujillo v. City of Española and David Valdez
Nadine Trujillo resigned under duress on May 31, 2019 from her job as Espanola Utilities Billing Supervisor. Ms. Trujillo has sued the City and its former City Manager, David Valdez, alleging they constructively discharged her after/through weeks of retaliation including a hostile work environment beginning April 12th, improper police investigation, interrogation, and intimidation on April 27th and May 7th, and forced workplace administrative leave on May 15th. The Complaint alleges the City and Valdez subjected Ms. Trujillo to this retaliation for her good-faith report to the City of facts implicating Valdez in the theft of $18,000.00 in City funds on April 12th.
Santa Fe ‘Time’s Up’ Lawsuits
Below are press links regarding our recent lawsuits, Christa Valdez and Madeleine Lauve v. International Alliance of Theatrical Stage Employees ("IATSE"), IATSE Local 480, and Jon B. Hendry and Michelle Labounty v. IATSE, IATSE Local 480, and Jon B. Hendry. #timesup Suit Accuses NM Union Leader of Sexual HarassmentOne of New Mexico’s most prominent union … Continue reading Santa Fe ‘Time’s Up’ Lawsuits
Comcast May Raise Bar on Employment Class Certification
With its decision in Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013), the United States Supreme Court muddled the degree to which a district court may scrutinize the merits of a class action at the certification stage. In Comcast, the class plaintiffs sought to address one of the considerations for certification - the capacity … Continue reading Comcast May Raise Bar on Employment Class Certification
SOX Covers Employee Complaints of More Than Shareholder Fraud
An employee who complains of matters not specifically related to fraud against shareholders may still claim retaliation under the Sarbanes-Oxley Act of 2002 ("SOX"). Lockheed Martin v. Department of Labor, No. 11-9524 (10th Cir. June 4, 2013), http://www.ca10.uscourts.gov/opinions/11/11-9524.pdf. In Lockheed Martin, the employee internally reported what she believed was mail or wire fraud. When later … Continue reading SOX Covers Employee Complaints of More Than Shareholder Fraud
Undocumented Worker Recovers Work-Comp Benefits
The Supreme Court of New Mexico has held, an employer who did not demand documentation of a prospective employee's lawful status at the time of hire could not later use the worker's undocumented status as a defense to paying benefits under the New Mexico Workers' Compensation Act. Gonzales v. Performance Painting, Inc., No. 32,844 (N.M. … Continue reading Undocumented Worker Recovers Work-Comp Benefits