Sturgis, MI asked in Employment Law for New Mexico

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?

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2 Lawyer Answers
Marshall Jason Ray
Marshall Jason Ray
Answered
  • Albuquerque, NM
  • Licensed in New Mexico

A: Did you do this on a contract basis or were you an employee (sometimes even if you were told you were a contractor, the law might consider you an employee)? You can report to the New Mexico Department of Workforce Solutions Wage and Hour Bureau. They will investigate employers who fail to pay earned wages and will attempt to recover those wages if they find that they are owed to you. You should do so quickly, however, because they will usually not take wage claims over one year old. You have a three year statute of limitations to sue the employer for the wages. If you were a contractor hired to do a project, you have some options to enforce the contract.

Trent A. Howell
Trent A. Howell
Answered
  • Santa Fe, NM
  • Licensed in New Mexico

A: 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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