[NM] What can an employee do if an employer blocks external review of a required policy before a deadline?

Lexi, Chatbot

I understand how frustrating this situation must be for you. Have you documented all your communications with your employer's Legal department regarding the conflict of interest package?

Lexi, Chatbot

Have you considered discussing this issue with your HR department to seek their guidance on the matter?

Lexi, Chatbot

Is there anything else the Employment Lawyer should know before I connect you? Rest assured they'll be able to help with your compliance issue.

Randy M.

Hi, my name is Randy and I'm happy to assist you today. Are you being required to sign this agreement as a condition of continued employment (for example, have they stated or implied that refusal could lead to discipline or termination)?

Randy M.

Thanks for clarifying. I'm going to research the New Mexico employment law on this for you and will be back in about 12 to 14 minutes.

Randy M.

You shouldn't sign the conflict-of-interest package as it currently stands. You are not refusing to comply, you are attempting to comply but are being prevented from doing so by your employer's own process. Your focus now should be to document that position clearly, escalate through proper channels, and request written direction and a compliance extension.

In New Mexico, employment is generally at-will, and an employer can require employees to complete conflict-of-interest (NM Stat § 50-11-3 (B)) certifications as a condition of continued employment. However, that authority has practical limits.

You're entitled to understand what you're being asked to agree to, especially where the document appears to expand your obligations or regulate off-duty conduct. While an employer can impose new conditions prospectively, enforcement becomes problematic where the employee is prevented from completing the process due to internal delays or restrictions.

Here, you were instructed not to release the document for outside legal review until certain clauses were added. Your manager failed to add those clauses, and Legal has not responded. At the same time, you're being treated as "out of compliance." That places you in a compliance position that's effectively blocked by the employer, not by your refusal. That distinction is important and can be a strong defense if discipline is later threatened.

As for the substance of the policy, an agreement that broadly requires disclosure or approval of ordinary personal activities may raise concerns if it is overly broad, vague, or not reasonably tied to legitimate business interests. It's not automatically unenforceable, but it is appropriate to have it reviewed before agreeing.

Your next steps:

1. Send a written escalation immediately. Email Legal, Ethics, and HR. State that you're ready to comply but cannot complete the process because Legal required revisions before external review, those revisions were not made, you have not received clarification, and you are now being marked overdue. Ask for written confirmation of either authorization to release the current version for outside counsel review, or a timeline for when the revised version will be provided.
2. Request a compliance extension. Ask that your "overdue" status be held in abeyance while the document is finalized and authorized for review. Frame this as a process issue, not a refusal.
3. Loop in HR directly. HR can intervene where an employee is unable to comply due to internal breakdowns. Keep the tone factual and focused on resolving the compliance barrier.
4. Maintain a personal timeline. Create a contemporaneous record, outside employer systems, noting dates, communications, and what you were told. This preserves your good-faith efforts.
5. Do not sign under pressure. If the agreement materially expands your obligations or restricts off-duty conduct, signing it without review could create enforceable obligations you didn't intend to accept.

You're in a good-faith compliance posture, not a refusal posture. The delay is attributable to the employer's internal process. Your objective is to document that clearly, obtain written direction, and avoid agreeing to a potentially overbroad policy without proper review.

Randy M.

Do you have any additional questions?

Randy M.

You're very welcome. Your approach is appropriate. Follow up with Legal and Ethics, copy HR, and keep the message focused on your willingness to comply and the need for a finalized, authorized version for review. Maintain a simple personal timeline of events.

You're correct not to assess or agree to the package until you see the final version they will allow you to submit for outside counsel review.

If there's still no response, escalate through HR or compliance as a request to resolve a process issue, not a dispute.

Best wishes to you!