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LOBATO v. NEW MEXICO ENVIRONMENT DEPT.

No. 12-2128.

733 F.3d 1283 (2013)

Michael L. LOBATO, Plaintiff-Appellant, v. State of NEW MEXICO ENVIRONMENT DEPARTMENT; Environmental Health Division; Carlos Romero; Charles Lundstrom; Solomon Romero; John Rhoderick; David Torres; Norman Norvelle; and Judy Bentley, Defendants-Appellees.

United States Court of Appeals, Tenth Circuit.

November 5, 2013.

Attorney(s) appearing for the Case

Repps D. Stanford ( Christopher M. Moody with him on the briefs) Moody & Warner, P.C., Albuquerque, New Mexico, for Appellant.

Bryan C. Garcia ( Henry F. Narvaez with him on the brief) Narvaez Law Firm, P.A., Albuquerque, New Mexico, for Appellees.

Before TYMKOVICH, SEYMOUR, and GORSUCH, Circuit Judges.

TYMKOVICH, Circuit Judge.

Michael Lobato was a probationary employee at the New Mexico Environmental Department's Farmington office. His status as a probationary employee meant he could be fired at will and without a right to appeal the decision, so long as the department's reasons were provided in writing. Before completing his probationary period, Lobato was fired. In a letter explaining its decision, NMED cited Lobato's dishonesty, failure to cooperate with management...

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