Public employees in New Mexico may see wrongdoing but worry about losing their jobs if they speak up. Fortunately, the state has whistleblower protections in place against retaliation for state and local government workers.
To receive these safeguards, the report must count as a protected disclosure. Properly reporting these concerns can help employees come forward with information about potential violations.
Who does the Act cover?
The New Mexico Whistleblower Protection Act (NM WPA) specifically applies to public employees, including those who work for the following:
- State
- Counties
- Cities
- School districts
Private sector employees do not fall under the NM WPA and instead may have different legal protections, such as common law claims for retaliatory discharge.
Types of protected acts
The NM WPA recognizes three categories of protected conduct. Employees generally have protection if they engage in the following:
- Report an act or inaction that they believe is unlawful or improper
- Give information or testify before a public body during an investigation or hearing
- Object to or refuse to take part in a method or rule that is illegal or unfair
An employee also does not need to prove that a violation occurred. They only need a good-faith belief that the information is true. Protection does not apply if the worker knows the disclosure is false or acts with reckless disregard for the truth.
Where can workers safely disclose information?
State and local government employees generally have to share information with a public body to receive protection. These can include work supervisors, state legislators, the attorney general and law enforcement.
What does not have protection?
The NM WPA protects only reports of wrongdoing, not ordinary workplace conflicts or differences of opinion. Not every complaint or workplace disagreement falls under the Act.
For example, personal grievances or routine human resources (HR) disputes generally do not count, especially when there is no retaliation involved. General disagreements with a workplace policy also do not have protection unless there is waste, illegality or a safety concern.
When your voice matters
Protected disclosures are vital to government accountability in New Mexico. If you have blown the whistle and are facing retaliation as a result, you can still fight for justice. An attorney can help you determine the best course of action for your situation.