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New Mexico Regulation & Licensing Department v. Lujan3/17/1999
). A personnel manual results in an implied contract if it controls the employer-employee relationship and an employee can reasonably expect his or her employer to conform to the manual's procedures. See Garcia, 121 N.M. at 731, 918 P.2d at 10. Under the circumstances here, the State Personnel Board Rules and the employee handbook control the employer-employee relationship. See Forrester, 93 N.M. at 782, 606 P.2d at 192. Employee was entitled to expect that the Department would conform to the termination procedures outlined prior to dismissing him. See id. Employee had a right to rely on the progressive discipline policy provided by the State Personnel Board Rules and the procedures outlined in the employee handbook.
{21} Although the Department was entitled to find Employee's actions reprehensible, the Department must nonetheless follow appropriate procedures in imposing disciplinary actions. It is clear from the record that there were no reprimands or admonishments placed in Employee's personnel file that would constitute progressive discipline, nor was any action taken specifically to address any problems that the Department was having with Employee. Based on the record, we affirm the ruling of the district court, we hold that the temporary hearing officer's decision was supported by both the law and the facts, and we conclude that the temporary hearing officer and SPB properly found that Employee was not afforded progressive discipline, and there was not just cause for Employee's dismissal.
CONCLUSION
{22} Based on the foregoing Discussion we affirm the district court which, in turn, affirmed the action of the SPB. The temporary hearing officer and the SPB properly found that Employee was employed by the Department and that the Department did not afford Employee progressive discipline prior to his dismissal.
{23} IT IS SO ORDERED.
A. JOSEPH ALARID, Judge
WE CONCUR: THOMAS A. DONNELLY, Judge RICHARD C. BOSSON, Judge
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