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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.