ALBUQUERQUE, N.M. — An employer that requires outgoing employees to sign extensive non-compete agreements even though such agreements are unlikely to be upheld in a New Mexico court.
A business that plans to tell inquiring organizations only that a former employee resigned voluntarily, though in actuality the employee resigned after his inappropriate behavior was reported.
Yet another employer that agrees to a broad confidentiality clause in a settlement agreement involving an employee accused of sexual misconduct, such as in the cases of Harvey Weinstein and Matt Lauer.
All of these circumstances are legal under New Mexico law, but are they ethical?
Employment law and commercial litigation attorney Lorna Wiggins posed the question to the Economic Forum of Albuquerque on Wednesday. She was joined on stage by Central New Mexico Community College President Kathie Winograd to promote the 20th annual New Mexico Business in Ethics Awards, which will be held in April. The Journal is one of the sponsors of the event.
Wiggins is a shareholder with Albuquerque-based Wiggins, Williams & Wiggins, P.C.