NMSU Coach Wrongful Termination: What Are Your Rights After Unjust Firing?

Losing your job is a stressful experience, but when it feels unjust, it can be even more devastating. If you’re a coach, faculty, or staff member at New Mexico State University (NMSU) and believe you’ve been wrongfully terminated, it’s essential to understand your rights and the legal options available to you. In fact, in 2023, NMSU fired men’s basketball coach Greg Heiar, which led to a wrongful termination lawsuit. This article will explore what constitutes wrongful termination in New Mexico, specifically within the context of NMSU, and what steps you can take to protect your interests.

Understanding “At-Will” Employment in New Mexico

New Mexico, like most states in the U.S., operates under an “at-will” employment doctrine. This means that, in general, an employer can terminate an employee at any time, for any reason, or even for no reason at all. Similarly, an employee can leave a job at any time, for any reason. However, this “at-will” arrangement has several exceptions that protect employees from unlawful firings.

What Constitutes Wrongful Termination in New Mexico?

Despite the at-will employment rule, there are specific circumstances under which a termination is considered wrongful under New Mexico law. If your firing falls into one of these categories, you may have grounds for a legal claim:

Discrimination: Federal and state laws prohibit employers from firing employees based on protected characteristics. These include race, color, national origin, religion, sex, pregnancy, age (40 and over), disability, genetic information, ancestry, sexual orientation, veteran status, gender identity, or serious medical condition. New Mexico law applies to employers with four or more employees, but federal law has minimum employee thresholds that must be met for certain types of discrimination.
Retaliation: It is illegal for an employer to fire an employee in retaliation for engaging in protected activities. Protected activities can include reporting workplace discrimination, harassment, or safety violations; filing a workers’ compensation claim; taking time off for jury duty or military service; or “whistleblowing” (reporting illegal activity).
Breach of Contract: If you have a written, oral, or implied employment contract that promises job security, you are not an at-will employee. This means your employer can only fire you for “cause,” as defined in the contract. An implied contract can arise from statements in an employee handbook or oral promises made by your employer that create a reasonable expectation of continued employment. For example, if an employee handbook states that employees will only be fired for good cause, an employer cannot fire you without a legitimate reason.
Violation of Public Policy: An employer cannot fire an employee for reasons that violate public policy. This includes firing an employee for refusing to perform an illegal act, reporting illegal activity, or exercising a legal right.

NMSU Employee Rights and Policies

As an NMSU employee, you are entitled to certain rights and protections under both state and federal law. NMSU is required to post information concerning employee rights in a conspicuous location within the workplace. These rights are also often detailed in university policies and procedures. It’s important to familiarize yourself with NMSU’s Administrative Rules and Procedures (ARP) and the Regents Policy Manual (RPM), which outline the university’s policies on employment, compensation, and ethical conduct.

NMSU ARP 3.25 requires all “responsible employees” to report any discriminatory or allegedly discriminatory conduct. Responsible employees include those with the authority to address and remedy sex-based discrimination and harassment, those with the responsibility to report sexual misconduct to a supervisor and the Office of Institutional Equity (OIE), and those who a student would reasonably believe have such authority or obligation.

Recent Example: Greg Heiar’s Wrongful Termination Lawsuit Against NMSU

A high-profile example of a wrongful termination case involving NMSU is that of former men’s basketball coach Greg Heiar. Heiar was fired in 2023 amidst a series of off-court issues within the basketball program, including hazing allegations and a player-involved shooting. Heiar subsequently sued NMSU for wrongful termination, claiming he was made a “sacrificial lamb” for problems that administrators allegedly ignored. He also alleged that NMSU failed to inform him of a “toxic and secretive culture” within the program when he was hired.

Heiar’s lawsuit sought monetary damages for breach of contract and actions that were “willful, wanton, and with reckless disregard.” NMSU initially denied most of Heiar’s allegations, claiming he refused to cooperate with the hazing investigation. However, in August 2025, NMSU and Heiar reached a settlement in the case. While the details of the settlement were not initially released, it was later reported that Heiar was awarded $600,000.

This case highlights the complexities of wrongful termination claims, especially when multiple factors are involved. It also underscores the importance of understanding your rights and seeking legal counsel if you believe you have been unjustly fired.

What to Do If You Suspect Wrongful Termination

If you believe you have been wrongfully terminated from your position at NMSU, here are some steps you should take:

Document Everything: Keep detailed records of all communications with your employer, including emails, memos, performance reviews, and any other relevant documents. Note the dates, times, and details of any conversations you had with your supervisors or HR representatives.
Review Your Employment Contract and Employee Handbook: Carefully review your employment contract (if you have one) and the NMSU employee handbook to understand your rights and the terms of your employment.
File a Complaint (If Applicable): If you believe you were discriminated against, consider filing a complaint with the New Mexico Human Rights Bureau (NMHRB) or the Equal Employment Opportunity Commission (EEOC). There are strict deadlines for filing these complaints, so it’s important to act quickly. In New Mexico, employees have 300 days of termination to file a complaint with the EEOC.
Consult with an Attorney: Contact an experienced New Mexico employment law attorney to discuss your situation and explore your legal options. An attorney can help you assess the strength of your case, navigate the legal process, and represent you in negotiations or litigation.

Seeking Legal Assistance

Wrongful termination cases can be complex and challenging to navigate on your own. An experienced New Mexico employment law attorney can provide valuable assistance by:

Evaluating the facts of your case and determining whether you have a valid claim.
Investigating your termination and gathering evidence to support your claim.
Negotiating with your employer to reach a fair settlement.
Representing you in court if a settlement cannot be reached.

If you believe you have been wrongfully terminated from your job at NMSU, don’t hesitate to seek legal advice. An attorney can help you understand your rights and fight for the compensation you deserve.