Required surgery for herniated disc Jan 2021 & never fully recovered now need more. Given less physical job but am slower & 72 yrs old. Terminated Dec '21 as said no funding for my position. Just got a disqualification from NM Workforce Solutions as said i was per diem, ( statute... Read more »
I'm sorry you were treated this way following your injuries. A New Mexico attorney could advise best, but your question remains open for two weeks. Ordinarily, injuries sustained in the course of employment should be covered by workers' comp. But I am not clear on your legal capacity here...Read more »
Hi, more information is needed here. The employer can generally schedule you for as many or as little hours as it wants. However, if you have an employment contract, or the company did so because your sickness qualifies as a disability under the Americans with Disabilities Act, this may be unlawful.
Hi, it appears New Mexico is a one-party consent state. That means as long as one party to the conversation gives consent (which could be you), you can record the conversation. I would consult an attorney in your state before taking any action.
Employment disability discrimination case in New Mexico. In the discovery phase, they are insisting that I sign a release of information for all former, even though I was employed by this company for 17 years, and all companies I applied since my constructive discharge. What relevance does any... Read more »
Are you handling this case by yourself? If possible, I strongly urge you to consult with an attorney. Litigation is filled with these kinds of issues that can get your case dismissed if you don't handle them properly.
I believe you are asking about an employment information release....Read more »
A number of statutes prohibit public and privates employers from retaliating against employees for making certain types of internal complaints. Two statutes commonly involved with such claims are the New Mexico Human Rights Act (“NMHRA”), NMSA § 28-1-1 et seq. and the New Mexico Whistleblower...Read more »
going to hire me because he works there also. Pretty much he doesn't hire couples. But, the same guy hired a husband and wife couple, they work the same shifts. He also hired a BF/GF couple. Now, both of those couples are Indonesian. The owner himself is Chinese. I am Native as is my partner.... Read more »
In certain situations, New Mexico Human Rights Act ("NMHRA"), NMSA § 28-1-1 et seq., requires an employer to consider an applicant for a position regardless of "spousal affiliation" or sexual orientation. In addition, if the employer retains some employees and terminates...Read more »
I have been on FMLA the last three years. I have a new supervisor that did not explain to me that my FMLA needed to be redone in order for me to have it again. For some reason when I went to do all my paperwork there were more added steps that were not required the previous years and I kept... Read more »
In general, an employer must provide certain notices and responses to employees regarding FMLA leave. See, e.g., https://www.dol.gov/whd/regs/compliance/whdfs28d.pdf . In addition, it is unlawful and gives rise to a particular cause of action if the employer terminates an employee in retaliation...Read more »
In general, New Mexico "tort"/"negligence" law makes a person liable to anyone whom he causes accidental damage - whether at work, or anywhere else. Whether it is worth anyone's time to file or fight a lawsuit over a broken liquor bottle is a different question....Read more »
I read NM laws and in NM I would be considered 4th relative which is not immediately family and would not stop me from being considered for the position. Would the federal law have anything different in this case?? I want to make a complaint but am unsure if is would be considered under EEOC? Thank... Read more »
An entity that is a “Federally Qualified Health Center” (FQHC) under Medicare and Medicaid statutes operates under certain federal regulations that may prohibit certain conflicts of interest, which may include nepotism in certain situations. Whether those regulations apply to you would depend...Read more »
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