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142 N.M. 803

171 P.3d 317

Henning v. Rounds

New Mexico Court of Appeals

Decided August 29, 2007

New Mexico Court of Appeals · decided 2007-08-29

Cited by 15 later decisions — most recently August 2013

2 federal appellate · 6 district · 5 state decisions

Good law ✅— No negative treatment on recordhow we know

Decided 2007-08-29

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BUSTAMANTE, Judge

¶1(concurring in part and dissenting in part).

¶2{31} I concur in the portion of the opinion affirming dismissal of the Plaintiffs tort claims. I dissent from the opinion’s discussion of the covenant of good faith and fair dealing. I agree that Plaintiffs case is thin, and it could be that she will not be able to prove much by the way of damages at a trial. I also agree that it is not appropriate to allow the courts to become a referee for every case of disputed employment evaluation. But I would hold that Plaintiff has alleged a sufficiently egregious set of circumstances over a long enough period of time to meet the requirements of Rule 1-012(B)(6). Employees in all circumstances, but especially in large, highly regulated endeavors such as the public schools live and die as workers based on their personnel files and evaluations. I do not see why allegedly improper negative evaluations and needless placement on corrective regimens such as PIPs are not actionable in theory. Those black marks on Plaintiffs record will affect her progress with her current school system and if she tries to move to another. Proof, of course, is another matter entirely. Plaintiff should be allowed to prove her case.

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