[NM] What can I do if my employer is pushing corrective action or severance despite proven performance improvements?

NM Employment

Charlie

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Here’s a clear breakdown of your situation and legal options regarding your current employment issue in New Mexico (general information only, not legal advice):

Your Situation:

You have been employed for 7 years with Presbyterian Healthcare Services in Albuquerque, NM. You were recently given a choice: accept severance or enter a corrective action plan. The stated reason: performance issues, which you dispute because you have addressed these issues multiple times and provided proof of your work. You feel the corrective action/severance offer may be retaliation or discrimination, as it followed your applications for other positions and expressing interest in FMLA. The company has thousands of employees, which affects FMLA applicability and certain state protections.

Potential Legal Issues

Retaliation under FMLA
- If you requested or planned to take FMLA leave, it is illegal for an employer to retaliate against you for asserting your rights.
Discrimination
- If corrective actions or termination are related to protected characteristics (age, gender, disability, etc.), you may have a discrimination claim under federal law or New Mexico Human Rights Act. (NM Stat § 28-1-7)
Wrongful Termination/Retaliation
- New Mexico recognizes retaliation claims if an employee is penalized for asserting legal rights, including FMLA or reporting discrimination/harassment. (NM Stat § 28-1-7)
- Even if the employer cites “performance,” evidence showing retaliatory motive strengthens your claim.

Practical Steps

Document everything. Keep copies of emails, performance reviews, corrective action documents, and proof of completed work.
Record dates and details of requests for FMLA, applications for other positions, and any related communications.
Consider filing a complaint. (NM Stat § 28-1-10)
- Federal: U.S. Department of Labor (FMLA retaliation) or EEOC for discrimination/retaliation claims.
- State: New Mexico Department of Workforce Solutions or Human Rights Bureau.
Responding to Corrective Action vs. Severance
- Evaluate whether accepting severance might limit future legal claims (many severance agreements include release-of-claims clauses).
- If you believe the corrective action is unjustified or retaliatory, you may refuse it and pursue legal remedies, but document your compliance and concerns carefully.
Seek Legal Advise
- An employment attorney in New Mexico can review your documentation, evidence, and any severance agreement terms.
Key Considerations
- Do not sign any severance agreement without having a lawyer review it.
- Keep records of all communications.
- Be aware of strict filing deadlines.

I hope that helps!

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I have employer issues.

Lexi, Chatbot

I'm sorry to hear you're facing issues with your employer; that can be really stressful. Can you tell me if this issue involves discrimination, wrongful termination, or something else?

Wrongful termination.

Lexi, Chatbot

Have you already taken any steps to address the issue with your employer, such as reporting it to HR or discussing it with a supervisor?

Yes. Supervisor, manager, director, and HR.

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 wrongful termination.

Yes.

Charlie

Hello, my name is Charlie, and I am a licensed attorney. I apologize that you are experiencing these issues, but I will be happy to assist you with your questions today.

DISCLAIMER: This conversation is for general informational/educational purposes only; no attorney-client relationship is formed; we are unable to offer representation/legal advice of any kind; always speak to a local attorney for case-specific legal advice; and I am not holding myself out to be certified or an expert in any particular area of law. Please allow me a moment to review your question, and I will be right with you.

I know legal matters can feel overwhelming, but you’re in good hands. I’ll do my best to make things clear and provide you with the information that you need. Let’s work together to find the right information for your situation.

I have been given the option to take a severance or continue with a corrective action.

Charlie

Which state do you work in?

New Mexico.

Charlie

Understood. How long have you worked for this employer?

I have worked there for 7 years.

Charlie

What is the reason for the termination?

I'm still employed. I was given the option to continue my employment on a correction action or a severance. The reason why is performance issues, which I have already addressed several times with my supervisor.

I want to know what legal options I have. I've done everything they've asked from me. I went through the chain of command and I've provided proof of everything I've worked.

Charlie

Do you feel these actions are based on discrimination or retaliation?

Yes. I had applied for other positions within the company and just recently I expressed interest in filing for Family and Medical Leave Act (FMLA).

Charlie

How many employees does the company have?

Thousands.

Charlie

Understood! I think I have all the information I need, but is there anything else you’d like to add before I get started on your answer? If not, I’ll start working on a response for you right away.

I have never had a problem until this new supervisor came on board 2 years ago. Our other manager had already told my supervisor I was following policy. But once he left and we got a new manager, the problems started again.

We had this meeting today via Teams and my manager was smiling and giggling while I was addressing my concerns. She unmuted herself and said she wasn't giggling. I responded saying, but you are grinning at me. My supervisor had made a racist comment which I brought up to her attention. I want to give her the benefit of the doubt that she didn't know, but considering how things are going, I'm not too sure.

Charlie

Here’s a clear breakdown of your situation and legal options regarding your current employment issue in New Mexico (general information only, not legal advice):

Your Situation:

Potential Legal Issues

Retaliation under FMLA
- If you requested or planned to take FMLA leave, it is illegal for an employer to retaliate against you for asserting your rights.
Discrimination
- If corrective actions or termination are related to protected characteristics (age, gender, disability, etc.), you may have a discrimination claim under federal law or New Mexico Human Rights Act. (NM Stat § 28-1-7)
Wrongful Termination/Retaliation
- New Mexico recognizes retaliation claims if an employee is penalized for asserting legal rights, including FMLA or reporting discrimination/harassment. (NM Stat § 28-1-7)
- Even if the employer cites “performance,” evidence showing retaliatory motive strengthens your claim.

Practical Steps

Document everything. Keep copies of emails, performance reviews, corrective action documents, and proof of completed work.
Record dates and details of requests for FMLA, applications for other positions, and any related communications.
Consider filing a complaint. (NM Stat § 28-1-10)
- Federal: U.S. Department of Labor (FMLA retaliation) or EEOC for discrimination/retaliation claims.
- State: New Mexico Department of Workforce Solutions or Human Rights Bureau.
Responding to Corrective Action vs. Severance
- Evaluate whether accepting severance might limit future legal claims (many severance agreements include release-of-claims clauses).
- If you believe the corrective action is unjustified or retaliatory, you may refuse it and pursue legal remedies, but document your compliance and concerns carefully.
Seek Legal Advise
- An employment attorney in New Mexico can review your documentation, evidence, and any severance agreement terms.
Key Considerations
- Do not sign any severance agreement without having a lawyer review it.
- Keep records of all communications.
- Be aware of strict filing deadlines.

I hope that helps!

Is there a recommended lawyer I can speak with? I was given 24 hours to give them my answer. If I don't respond, then they will terminate me.

Charlie

The best place to locate a local attorney is to contact your local bar association for a referral.

Ok. Excuse my assumption. I thought this site was going to provide lawyer recommendations.

Charlie

This site is for information only.

Charlie

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