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Questions Answered by Trent A. Howell
1 Answer | Asked in Employment Law for New Mexico on
Q: Do I have to repay a relocation package if I was misled into relocating?

I was told my plant in Pennsylvania would be shutting down soon, and that I would be doing the company a favor in Relocating to New Mexico. I agreed under the circumstances that my plant was shutting down. I had to sign a repayment agreement if I were to quit or get fired within 2 years. I quit... Read more »

Trent A. Howell
Trent A. Howell answered on Apr 14, 2016

Generally, the answer would depend on the specific terms of your repayment agreement. In some situations, New Mexico does recognize a claim of "fraud in the inducement" of an agreement as grounds to void the agreement. Generally, New Mexico Statutes Section 50-4-2 prohibits an employer... Read more »

1 Answer | Asked in Employment Law and Workers' Compensation for New Mexico on
Q: I hurt my knee on the job on the FD and forced to resign, im on work comp, should I be getting a settlement?
Trent A. Howell
Trent A. Howell answered on Apr 14, 2016

In certain situations, the New Mexico Workers' Compensation Act, NMSA § 52-1-28.2, prohibits the employer from retaliating/terminating/pressuring resignation after an employee sustains a workplace injury and/or makes a claim for Workers Compensation benefits. Whether it applies to you would... Read more »

2 Answers | Asked in Employment Law for New Mexico on
Q: Can my employer replace me with a new hire because I had to take two days off to undergo a medical procedure?

My employer recently got a new manager (he has been there for 3 weeks) I have worked at the company for 8 months (since it opened) and have had the exact same schedule since that point(I have documentation of this), and have never asked for a single day off. I requested two days off because I had... Read more »

Trent A. Howell
Trent A. Howell answered on Apr 14, 2016

In certain situations, the Family and Medical Leave Act ("FMLA"), 29 U.S.C. § 2601 et seq., and/or New Mexico Human Rights Act ("NMHRA"), NMSA § 28-1-1 et seq., entitle an employee to unpaid time off for medical procedures and prohibit the employer from retaliating after the... Read more »

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2 Answers | Asked in Employment Law for New Mexico on
Q: haven't got paid

never got paid by company overseeing fiber build in NM. I did some drafting for them. And they refuse to pay. Can you help?

Trent A. Howell
Trent A. Howell answered on Apr 14, 2016

Depending whether he is an employee and how his "employment" ended, a person not timely paid for past work done has a number of remedies, which in some situations include "continuing wages" and attorney fees. Whether these laws apply to you depends on the details of your work relationship.

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2 Answers | Asked in Employment Law for New Mexico on
Q: Can my employer take my PTO Ive accrued in the year and 2 months I've been employed as a full time employee ?

I have been at my current job for A year and two months yesterday I was told that I'm being put on in 3 months probationary period because of my absences, in which 75% of them i have provided proof of court dates and physician appointments which they would tell me they didnt need a copy. My... Read more »

Trent A. Howell
Trent A. Howell answered on Apr 14, 2016

In certain situations, the Family and Medical Leave Act ("FMLA"), 29 U.S.C. § 2601 et seq., and/or New Mexico Human Rights Act ("NMHRA"), NMSA § 28-1-1 et seq., entitle an employee to unpaid time off for medical procedures and prohibit the employer from retaliating after the... Read more »

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2 Answers | Asked in Employment Law for New Mexico on
Q: Is there a case of False Advertisement or Bait and Switch?

Here's the analogy:

I resigned a good job working as regular employee for hopefully a higher paying job closer to my home address.

I sent the definition of a baker to the boss and she said yes it is for a baker.

I asked her what the work schedule is and she said 8 AM... Read more »

Trent A. Howell
Trent A. Howell answered on Apr 15, 2016

New Mexico recognizes a claim for basic fraud on proof of (1) a misrepresentation of fact, (2) either knowledge of the falsity of the representation or recklessness on the part of the party making the misrepresentation, (3) intent to deceive and to induce reliance on the misrepresentation, and (4)... Read more »

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2 Answers | Asked in Employment Law for New Mexico on
Q: If i signed a non compete agreement for a eyebrow threading company in New Mexico are there ways around it?
Trent A. Howell
Trent A. Howell answered on Apr 14, 2016

New Mexico law may limit or void a non-compete agreement depending on factors such as when the agreement was made and what geographical area, period of time, and scope of activity the non-compete covers. Whether these factors would provide you a basis to avoid your non-compete agreement would... Read more »

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2 Answers | Asked in Civil Rights, Constitutional Law and Employment Law for New Mexico on
Q: My background was pulled and i was fired. An employee not with HR read and told me what was on it. Is it a Privacy Issue

I was terminated because of information on a background report. An employee told me i was under investigation for crimes and he informed me of what was on my background report. It isn't public record, i never knew about any allegations against me and had to find out from another employee about... Read more »

Trent A. Howell
Trent A. Howell answered on Apr 14, 2016

New Mexico does generally recognize the tort of "invasion of privacy," and in some situations, a "public" disclosure of private facts establishes such a violation. Federal and state law also place some limitations on what types and ages of criminal history a "credit... Read more »

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