New Mexico Forms Library

Decision Information

Form 13-2324. Whistleblower Protection Act; causation.

Collection New Mexico Forms Library
Form Type Jury Instructions
Citations - New Mexico Laws and Court Rules
Chapter 10 - Public Officers and Employees - cited by 3,205 documents

Decision Content

13-2324. Whistleblower Protection Act; causation.

An employee’s engagement in protected activity is a cause of an employer’s retaliatory action if the employee’s protected activity was a factor that motivated, at least in part, the employer’s action against the employee. A motivating factor is a factor that plays a role in an employer’s decision to act. To be considered a motivating factor, the employee’s protected activity need not be the only reason, nor the last reason, nor latest reason, for the employer’s action.

USE NOTES

This instruction should be given in a case alleging violation of the Whistleblower Protection Act, NMSA 1978, §§ 10-16C-1 to -6 (2010), if causation is in dispute.

[Adopted by Supreme Court Order No. 22-8300-030, effective for all cases pending or filed on or after December 31, 2022.]

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