Are there any special considerations for wrongful termination cases involving public employees?

Yes, there are special considerations for wrongful termination cases involving public employees in the state of New Mexico. According to New Mexico law, a public employee may be terminated for only three reasons: incompetence, insubordination, or misconduct. A public employee must be given notice of their firing at least 10 days before their termination, and have the opportunity to appeal. Public employers may require employees to submit a written resignation, or an employer may offer a separation or severance agreement. The New Mexico Court of Appeals has held that a public employee must show three elements in order to prevail in a wrongful termination case: 1) the public employer violated a statue, ordinance, regulatory scheme, or contract; 2) the employee has a property right in the employment; and 3) the employee suffered some form of damages as a result of the wrongful termination. Public employers have an additional burden of providing a “narrowly tailored valid public purpose” for terminating an employee, even if the termination is for good cause; this is in contrast with the “at-will” termination rule that applies in the private sector. Finally, public employees in New Mexico are protected from retaliation for engaging in whistleblowing activity. This means that a public employee may not be fired for filing a complaint against their employer, or for testifying in a proceeding against their employer. Public employees who believe they have been wrongfully terminated by their employer may have legal recourse in the form of filing a wrongful termination suit in court.

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Are there any special considerations for wrongful termination cases involving public employees?

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