Legal Opinion
Barreras v. State Corrections Department
New Mexico Court of Appeals
Decided December 9, 2002No. 22,199PublishedCited by 54 opinions
1Opinion of the Court
OPINION
BOSSON, Chief Judge.
{1} The opinion filed on September 5, 2002, in this case is withdrawn and the following substituted therefor.
{2} In this appeal we decide whether a state employee, discharged from employment in violation of the State Personnel Act, may elect to bypass an administrative appeal to the State Personnel Board (SPB), and instead file a lawsuit directly in district court on a theory of breach of implied contract of employment based on that same Personnel Act. We hold that when an employee’s contractual claim arises from the State Personnel Act, as well as attendant rules,…
2Cases cited23 opinions
- Torres v. StateNew Mexico Supreme Court · 1995
- Chavez v. Manville Products Corp.New Mexico Supreme Court · 1989
- Vigil v. ArzolaNew Mexico Court of Appeals · 1983
- Vigil v. ArzolaNew Mexico Supreme Court · 1984
- Garcia v. Middle Rio Grande Conservancy DistrictNew Mexico Supreme Court · 1996
18 more not listed; retrieve them via the Exa API.
3Cited by54 opinions
- Lymon v. Aramark Corp.District Court, D. New Mexico · 2010
- Glover v. GartmanDistrict Court, D. New Mexico · 2012
- Copelin-Brown v. New Mexico State Personnel OfficeCourt of Appeals for the Tenth Circuit · 2005
- Gallegos v. Bernalillo County Board of County CommissionersDistrict Court, D. New Mexico · 2017
- Lion's Gate Water v. D'ANTONIONew Mexico Supreme Court · 2009
49 more not listed; retrieve them via the Exa API.