RETALIATION DEMAND LETTER

New Mexico Human Rights Act and State Anti-Retaliation Claims

[ATTORNEY/FIRM LETTERHEAD]

[Firm Name]
[Address Line 1]
[City, New Mexico ZIP]
Tel: [Phone Number]
Fax: [Fax Number]
[Attorney Email]
[New Mexico State Bar Number]

VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED
AND VIA EMAIL TO: [recipient_email]

[Date]

[Employer Contact Name]
[Title]
[Company Legal Name]
[Company Address]
[City, State ZIP]

Copy to:
[General Counsel]
[EPLI Carrier, if known]

Re: Unlawful Retaliation Against [Client Full Name]
NM Human Rights Bureau Charge No.: [XXXXX] (if applicable)
EEOC Charge No.: [XXX-XXXX-XXXXX] (if applicable)
CONFIDENTIAL SETTLEMENT COMMUNICATION PURSUANT TO NMRA 11-408

Dear [Mr./Ms./Mx. Last Name]:

This firm represents [Client Full Name] ("our client") in connection with claims of unlawful retaliation against [Company Legal Name] ("[Company Short Name]" or "the Company"). Please direct all future communications regarding this matter to our office.

Our client engaged in legally protected activity by [briefly describe protected activity], and [Company Short Name] retaliated by [briefly describe adverse action]. This retaliation violates New Mexico law and exposes the Company to substantial liability including compensatory damages, punitive damages, and attorney's fees.

We write to demand immediate resolution of this matter and to advise that we are prepared to file suit if a satisfactory response is not received.

I. NEW MEXICO-SPECIFIC LEGAL FRAMEWORK

A. New Mexico Human Rights Act (NMHRA)

The New Mexico Human Rights Act, NMSA 1978, Section 28-1-1 et seq., prohibits employment discrimination and retaliation.

NMSA 1978, Section 28-1-7(I)(2) - Anti-Retaliation:

It is an unlawful discriminatory practice for any person to coerce, intimidate, threaten or interfere with any person in the exercise or enjoyment of rights secured by the Human Rights Act, or to retaliate or discriminate against any person because that person has opposed any unlawful discriminatory practice or has filed a complaint, testified, assisted or participated in any manner in any investigation, proceeding or hearing.

Coverage: The NMHRA applies to employers with four (4) or more employees. NMSA 1978, Section 28-1-2(B).

Protected Classes: Race, color, religion, national origin, ancestry, sex (including pregnancy, childbirth, and related conditions), sexual orientation, gender identity, spousal affiliation, physical or mental handicap, serious medical condition, and age (40+).

Administrative Exhaustion: A complaint must be filed with the New Mexico Human Rights Bureau within 300 days of the alleged discriminatory or retaliatory act. NMSA 1978, Section 28-1-10(A).

Remedies under NMHRA:
- Reinstatement
- Back pay and front pay
- Compensatory damages for emotional distress
- Punitive damages (Salazar v. City of Albuquerque, 776 P.2d 1258 (N.M. Ct. App. 1989))
- Attorney's fees and costs

B. New Mexico Whistleblower Protection Act (Public Employees)

The New Mexico Whistleblower Protection Act, NMSA 1978, Section 10-16C-1 et seq., protects public employees who report wrongdoing.

NMSA 1978, Section 10-16C-3 - Protected Conduct:

A public employer shall not take any retaliatory action against a public employee who:
- Communicates to a public body or public employer information about an action or policy that the employee believes in good faith constitutes an unlawful or improper act
- Provides information to, or testifies before, a public body

Statute of Limitations: Two (2) years from the retaliatory action. NMSA 1978, Section 10-16C-4(A).

Remedies:
- Reinstatement
- Back pay
- Compensatory damages
- Costs and attorney's fees

C. New Mexico Fraud Against Taxpayers Act (Qui Tam)

NMSA 1978, Section 44-9-1 et seq., protects employees who report fraud against the state.

NMSA 1978, Section 44-9-12 - Anti-Retaliation:

Protects employees who file qui tam actions or report fraud against the state from discharge, demotion, suspension, threats, harassment, or discrimination.

Remedies:
- Reinstatement with seniority
- Two times the amount of back pay plus interest
- Compensation for any special damages
- Attorney's fees and costs

D. New Mexico Common Law Wrongful Discharge

New Mexico recognizes the public policy exception to at-will employment. Vigil v. Arzola, 699 P.2d 613 (N.M. Ct. App. 1983), rev'd on other grounds, 687 P.2d 1038 (N.M. 1984).

An employee may bring a retaliatory discharge claim when terminated for:
- Refusing to commit an illegal act
- Performing a public duty
- Exercising a legal right or privilege

Statute of Limitations: Four (4) years under NMSA 1978, Section 37-1-4.

E. Additional New Mexico Protections

II. NATURE OF THE PROTECTED ACTIVITY

Our client engaged in one or more forms of protected activity that triggered [Company Short Name]'s unlawful retaliation:

A. Type of Protected Activity

[Check all that apply]

Opposition to Discrimination/Harassment (NMHRA)
- [ ] Complained internally about discrimination based on [race / color / religion / national origin / ancestry / sex / pregnancy / sexual orientation / gender identity / disability / age]
- [ ] Complained internally about harassment or hostile work environment
- [ ] Reported discrimination or harassment to human resources
- [ ] Filed a formal internal complaint or grievance
- [ ] Opposed discriminatory policies or practices

Participation in Discrimination Proceedings (NMHRA)
- [ ] Filed a Charge of Discrimination with the NM Human Rights Bureau or EEOC
- [ ] Participated in a Human Rights Bureau investigation
- [ ] Testified or provided information in a discrimination proceeding
- [ ] Served as a witness in a co-worker's discrimination case

Whistleblower Activity (Public Employees)
- [ ] Reported violations of law to a public body
- [ ] Reported violations to a public employer
- [ ] Testified before a public body
- [ ] Provided information in an investigation

Reporting Fraud Against the State (Qui Tam)
- [ ] Filed or assisted in filing a qui tam action
- [ ] Reported fraud against the state
- [ ] Testified or assisted in an investigation of fraud

Common Law Public Policy
- [ ] Refused to commit an illegal act
- [ ] Reported violations of law to management
- [ ] Reported violations to a government agency
- [ ] Exercised a legal right or privilege

Other Protected Activity
- [ ] Filed a workers' compensation claim
- [ ] Complained about unpaid wages
- [ ] Reported workplace safety violations
- [ ] Requested reasonable accommodation
- [ ] [Other: describe]

B. Timeline of Protected Activity

C. Detailed Narrative

On [Date], our client [describe the protected activity in detail]:

[Provide comprehensive narrative including:
- What our client observed, learned, or experienced that prompted the protected activity
- The specific concerns raised or actions taken
- To whom the concerns were raised (names, titles)
- The manner of reporting (verbal, written, formal complaint)
- Any response received from management or HR
- Any witnesses to the protected activity]

Our client's [complaint / report / testimony / action] was made in good faith and based on a reasonable belief that [the conduct complained of was unlawful / the information reported was accurate / the activity opposed was illegal].

III. THE RETALIATORY CONDUCT

A. Adverse Employment Actions

Following our client's protected activity, [Company Short Name] subjected [him/her/them] to the following retaliatory adverse employment actions:

[Check all applicable actions and provide details]

Termination/Constructive Discharge
- [ ] Our client was terminated on [Date]
- [ ] Our client was forced to resign due to intolerable conditions on [Date]

Demotion/Reassignment
- [ ] Demoted from [Former Position] to [New Position] on [Date]
- [ ] Reassigned to less desirable duties/location/shift on [Date]
- [ ] Stripped of [responsibilities / authority / direct reports] on [Date]

Compensation Reductions
- [ ] Salary reduced from $[Amount] to $[Amount] on [Date]
- [ ] Bonus denied or reduced on [Date]
- [ ] Hours reduced from [X] to [X] per week on [Date]

Performance/Discipline
- [ ] Received negative performance review on [Date] (previously had positive reviews)
- [ ] Placed on performance improvement plan (PIP) on [Date]
- [ ] Received written warning on [Date] for [pretextual reason]
- [ ] Suspended [with/without] pay from [Date] to [Date]

Hostile Treatment/Exclusion
- [ ] Excluded from meetings, communications, or decisions
- [ ] Subjected to increased scrutiny and micromanagement
- [ ] Isolated from coworkers or ostracized
- [ ] Given impossible tasks or set up to fail

Other Adverse Actions
- [ ] Denied promotion to [Position] on [Date]
- [ ] Negative reference provided to prospective employer
- [ ] [Other: describe]

B. Timeline of Retaliation

C. Evidence of Causal Connection

The causal connection between our client's protected activity and the adverse actions is demonstrated by:

1. Temporal Proximity

The adverse actions began just [X days/weeks] after our client's protected activity. New Mexico courts recognize that close temporal proximity supports an inference of causation.

2. Knowledge

The decision-makers who took adverse action against our client had knowledge of [his/her/their] protected activity.

3. Pattern of Antagonism

Following the protected activity, our client experienced a sudden shift in treatment from positive to hostile.

4. Pretext

The reasons offered by [Company Short Name] for the adverse actions are pretextual.

IV. LEGAL CLAIMS

A. New Mexico Human Rights Act - Retaliation

NMSA 1978, Section 28-1-7(I)(2)

The NMHRA prohibits retaliation against employees who oppose discriminatory practices or participate in NMHRA proceedings.

Our client [opposed discrimination / filed a complaint / testified / participated in an investigation], and [Company Short Name] retaliated by [describe adverse action].

Elements of NMHRA Retaliation Claim:
1. Employee engaged in protected activity
2. Employee suffered an adverse employment action
3. Causal connection between the protected activity and the adverse action

B. New Mexico Whistleblower Protection Act (If Public Employee)

NMSA 1978, Section 10-16C-3

[If applicable:] Our client is a public employee who communicated information about [an unlawful act / improper policy] to [a public body / public employer] and was retaliated against as a result.

C. New Mexico Fraud Against Taxpayers Act (If Applicable)

NMSA 1978, Section 44-9-12

[If applicable:] Our client [filed a qui tam action / reported fraud against the state / assisted in an investigation], and was retaliated against as a result. Under this statute, our client is entitled to double back pay plus interest.

D. New Mexico Common Law Wrongful Discharge

New Mexico recognizes a common law cause of action for wrongful termination in violation of public policy. Vigil v. Arzola, 699 P.2d 613 (N.M. Ct. App. 1983).

Our client's termination for [engaging in protected activity] violates the clear public policy of New Mexico as expressed in [cite specific statutes, constitutional provisions, or regulations].

E. Federal Claims (If Applicable)

• [ ] Title VII Anti-Retaliation, 42 U.S.C. Section 2000e-3(a)
• [ ] 42 U.S.C. Section 1981 (Race-Based Retaliation)
• [ ] ADA Anti-Retaliation, 42 U.S.C. Section 12203
• [ ] ADEA Anti-Retaliation, 29 U.S.C. Section 623(d)
• [ ] FLSA Anti-Retaliation, 29 U.S.C. Section 215(a)(3)

V. DAMAGES

A. Economic Damages

1. Lost Wages (Back Pay)

2. Double Back Pay (Fraud Against Taxpayers Act, if applicable)

Under NMSA 1978, Section 44-9-12: Back Pay x 2 = $[Amount]

3. Lost Benefits

4. Front Pay

B. Compensatory Damages (Emotional Distress)

The retaliation has caused our client severe emotional distress:

• [Describe emotional impact: anxiety, depression, humiliation]
• [Describe physical manifestations]
• [Describe impact on family and relationships]

Compensatory damages: $[Amount]

C. Punitive Damages

New Mexico permits punitive damages in employment retaliation cases where the defendant acted with malice, fraud, oppression, or reckless disregard for the plaintiff's rights. Salazar v. City of Albuquerque, 776 P.2d 1258 (N.M. Ct. App. 1989).

[Company Short Name]'s conduct was malicious, willful, and undertaken with reckless indifference to our client's rights.

Punitive damages: $[Amount]

D. Attorney's Fees and Costs

New Mexico law provides for recovery of reasonable attorney's fees in employment retaliation cases.

Estimated fees through trial: $[Amount]
Estimated costs: $[Amount]

E. Summary of Damages

VI. SETTLEMENT DEMAND

Based on the foregoing, we demand that [Company Short Name] pay $[Settlement Demand Amount] in full and final settlement of all claims arising from the unlawful retaliation against our client.

Settlement Terms

In addition to the monetary payment, settlement must include:

• [ ] Neutral Reference: [Company Short Name] will provide only dates of employment and final position
• [ ] Personnel File: Expungement of all documents related to the pretextual discipline and termination
• [ ] Non-Disparagement: Mutual non-disparagement provisions
• [ ] Confidentiality: Subject to negotiation
• [ ] Unemployment: [Company Short Name] will not contest unemployment benefits

VII. RESPONSE DEADLINE

Please respond to this demand in writing within fourteen (14) calendar days of receipt, no later than [Response Deadline Date].

Critical Deadlines:
- NM Human Rights Bureau 300-day filing deadline: [Date]
- Whistleblower Act 2-year limitations: [Date]
- Common law 4-year limitations: [Date]
- EEOC filing deadline (if applicable): [Date]

If we do not receive a satisfactory response, we will file suit in [New Mexico District Court, [County] County] asserting:

1. Retaliation in violation of the New Mexico Human Rights Act, NMSA 1978, Section 28-1-7(I)(2)
2. Wrongful discharge in violation of public policy
3. [Additional claims as applicable]

VIII. DOCUMENT PRESERVATION

This letter constitutes formal notice of litigation. [Company Short Name] must immediately implement a litigation hold to preserve all documents and ESI relevant to our client's employment, the protected activity, and all adverse actions.

Spoliation of evidence may result in sanctions and adverse inferences under New Mexico law.

IX. CONFIDENTIALITY

This letter is a confidential settlement communication protected by NMRA 11-408 and applicable state law.

We are prepared to discuss resolution of this matter at your earliest convenience.

Sincerely,

[Attorney Name]
[Title]
[Firm Name]

[Attorney Signature Block]

Enclosures:
- [ ] NM Human Rights Bureau Charge (if applicable)
- [ ] EEOC Right to Sue Notice (if applicable)
- [ ] Authorization to Represent

cc: [Client Name] (via email)
[File]

NEW MEXICO-SPECIFIC PRACTICE NOTES

Small Employer Coverage: The NMHRA applies to employers with 4 or more employees, providing broader coverage than Title VII's 15-employee threshold.

Broad Protected Classes: The NMHRA covers sexual orientation, gender identity, and spousal affiliation - classes not protected under federal law.

Punitive Damages: Available under the NMHRA and common law claims where the employer acted with malice or reckless disregard.

Whistleblower Act Limited to Public Employees: The New Mexico Whistleblower Protection Act only applies to public employees. Private sector employees must rely on the NMHRA, common law, or federal protections.

Qui Tam Double Back Pay: The Fraud Against Taxpayers Act provides for double back pay plus interest - a significant enhancement over other remedies.

Human Rights Bureau: The NM Human Rights Bureau has a worksharing agreement with the EEOC.