COURT News:
SANTA FE — A state employee can proceed with a whistleblower protection lawsuit against his governmental employer after deciding to arbitrate a job demotion allegedly in retaliation for his testifying about wrongdoing by state agency workers, the state Supreme Court ruled today.
The Court unanimously concluded that a collective bargaining agreement (CBA) did not preclude Frederick Garcia, who worked for what was formerly called the state Human Services Department, from separately filing a lawsuit under the Whistleblower Protection Act (WPA). The lawsuit stems from the same disciplinary action being arbitrated.
“Here, the plain meaning of the CBA does not clearly and unmistakably waive Garcia’s statutory right to bring his WPA claims in district court, and require him to bring these statutory claims to arbitration,” the Court wrote in an opinion by Justice Julie J. Vargas.
The Court rejected arguments by the state agency that Garcia waived his right to file the WPA complaint by agreeing to arbitrate the appeal of his demotion. The lawsuit alleged the agency had retaliated against him for testifying in a lawsuit that department employees had falsified documents. He contended his demotion also was retaliation for his testimony. The lawsuit has been on hold pending the outcome of appeals by the department and Garcia.
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