· 2/10/1994
Michaels v. Anglo American Auto Auctions, Inc.
Citations
- 869 P.2d 279
- 117 N.M. 91
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that a cause of action for retaliatory discharge was not barred by the WCA’s exclusivity provision
- holding that a claim for reinstatement and civil penalty under Act is not exclusive
- recognizing an implied cause of action based on the public policy embodied in a statute that proscribed certain conduct but did not explicitly provide for a private cause of action to sue over said conduct
- comparing severe limitations on relief available under workers’ compensation statutes with relief possible from the tort of retaliatory discharge and holding that the former did not preclude a separate lawsuit in tort
- statute permitting limited recovery when employer retaliates against worker for filing workers’ compensation claim establishes policy forming basis of common-law claim for more extensive recovery
- employee who alleges wrongful discharge in retaliation for filing workers’ compensation claim is not barred by exclusivity provisions of Workers’ Compensation Act
Source: CourtListener parenthetical corpus (CC0).
Judges: Franchini, Ransom, Montgomery
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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