New Mexico Forms Library

13-2327. Whistleblower Protection Act; special verdict.

On the questions submitted, the jury finds as follows:

Question 1: Did _______________ (name of plaintiff) engage in protected activity?

Answer: __________ (Yes or No)

If the answer to Question 1 is “Yes,” answer Question 2.

Question 2: Did _______________ (name of defendant) take retaliatory action against _______________ (name of plaintiff)?

Answer: __________ (Yes or No)

If the answer to Question 2 is “Yes,” answer Question 3.

Question 3: Was _______________’s (name of plaintiff) engagement in protected activity a cause of the retaliatory action by _______________ (name of defendant)?

Answer: __________ (Yes or No)

If the answer to Question 3 is “Yes,” answer Question 4.

Question 4: Did _______________’s (name of defendant) retaliation against _______________ (name of plaintiff) cause damage to _______________ (name of plaintiff)?

Answer: __________ (Yes or No)

If the answer to Question 4 is “Yes,” answer Question 5.

Question 5: In accordance with the damage instructions given by the court, we find the damages suffered by ______________ (name of plaintiff) to be:

USE NOTES

This instruction provides a form of special verdict for claims involving violation of the Whistleblower Protection Act (“WPA”), NMSA 1978, §§ 10-16C-1 to -6 (2010). The amount awarded as back pay, if any, should appear on a separate line so that the court may double the award and add interest under NMSA 1978, Section 10-16C-4(A). This special verdict form should be modified as necessary to suit the case at hand. Additionally, in appropriate cases it may be necessary to add questions relating to the employer’s affirmative defense under UJI 13-2325 NMRA and NMSA 1978, Section 10-16C-4(B).

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