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Morgan Wood v. New Mexico Public Defender Department and Bennett Baur, Chief Public Defender

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

Alex Proimos from Sydney, Australia, CC BY 2.0 , via Wikimedia Commons

Statczar v. Thornburg Investment Management, Inc., Brady, Bhatt, Jones, and Thornburg

On Tuesday, November 12, 2019, former Director of Funds Troy Statczar sued Thornburg Investment Management, Inc. and CEO Jason Brady for firing him after he accurately suspected and reported CEO Brady's affair with a direct subordinate. Top companies for years have issued policies against such supervisor/subordinate relationships, firing even CEO's who violate them. But Thornburg has gone the other route, firing the employee who reports the affair. Despite basing in New Mexico, where the Supreme Court has held such supervisor/subordinate relationships illegal since 1996, Thornburg and Brady fired Mr. Statczar mere days after his last of several reports to management and Human Resources about the affair and Thornburg not consistently policing such relationships. In 25 years as a Mutual Fund professional, Troy Staczar had never received a single write-up or disciplinary action, until he called out Brady's illegal affair.

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

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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.

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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

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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