New Mexico Whistleblower Law
Whistleblowers protected under common law “public policy” tort.
Court Decisions:
- Silva v. American Fed’n of State, County, and Mun. Employees, 37 P.3d 81 (N.M. 2001)
Frequently Asked Questions
Does New Mexico have a False Claims Act (FCA)?
Yes. In New Mexico, cases can be brought under the more general Fraud Against Taxpayers Act, or the healthcare-specific Medicaid False Claims Act.
Does the New Mexico FCA have a whistleblower provision?
Yes. In New Mexico, a false claims whistleblower may receive an award of 15 to 25 percent of the collections in cases where the state intervenes and 25 to 30 percent in cases where there is no state intervention.
Does New Mexico recognize the public policy exception for wrongful termination?
Yes. New Mexico recognizes at-will employment, but an exception exists that makes it wrongful for an employee to be fired for refusing to break state policy.
