Berenson & Associates, PC
Hablamos EspaƱol
Compassionate Advocates For Personal Injury Victims

employer retaliation Archives

Federal court rules on whistleblower protections

The False Claims Act prohibits employers in New Mexico and around the country from taking retaliatory action against workers who expose fraud or other illegal activity. Employers may not suspend, demote, harass, threaten or fire workers who report or threaten to report wrongdoing, but the landmark law does not include constructive dismissal among its list of prohibited forms of retaliation. Issues such as this are generally left to the courts to resolve, and a case involving whistleblower protections was heard earlier in 2018 by the U.S. Court of Appeals for the 6th Circuit.

Small number of workers report workplace harassment

Sources indicate that only 10 percent of people who are victims of harassment in the workplace in New Mexico and the rest of the country will file an official complaint. Their reluctance to do so is linked to the belief that their concerns will not be taken seriously or that they will be retaliated against. According to a 2016 report issued by the U.S. Equal Employment Opportunity Commission, both concerns have grounds.

Rettaliation included in nearly half of all EEOC claims

New Mexico residents filed fewer civil rights complaints against their employers last year according to the federal agency in charge of regulating anti-discrimination laws in the workplace. New Mexico is not an outlier as the number of claims nationwide also declined, which has been the trend since 2010. The Equal Employment Opportunity Commission (EEOC) recently released its report of claims enforcement data for fiscal year 2017, which ended in September.

Whistleblower wins jury verdict against retaliatory employer

Workers in New Mexico received a strong message that the law considers companies liable for damages when they retaliate against employees who report unlawful activities. A jury has sided with a man fired by his company, an asbestos removal company, after he blew the whistle on improper asbestos handling.

Learn more about what constitutes retaliation

Employers generally cannot discriminate against their employees. However, roughly half of claims submitted to the EEOC are related to what happens after a discrimination claim is made. If an employee in New Mexico or anywhere else is subject to adverse action after taking part in a protected activity, that behavior may constitute discrimination. Generally, there must be a link between someone partaking in the protected activity and his or her employer's materially adverse action.

Learn What Our Attorneys Can Do for You.
Email Us For A Response

Schedule a Consultation With An Attorney

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy

Berenson & Associates, PC
415 6th St NW
Albuquerque, NM 87102

Phone: 505-227-8315
Fax: 505-243-4405
Map & Directions

Review Us
We would love to hear from you about your experience with us.
Review Us