Albuquerque, NM asked in Employment Law and Workers' Compensation for New Mexico

Q: my employer is having financial troubles and has took away my vacation & sick leave. what are my options? legal?

I have 200 hrs vacation and 24 hrs sick leave saved up. My employer is a small business (5 employees) in new mexico that has recently downsized dramatically from financial issues (debts). ive been with him for over 6 yrs. I recently got sick for two days from an E coli outbreak in the cities water system here in artesia where im doing work for him but paying for the hotel out of my pocket. he then refused to pay me sick leave for the two days.

1 Lawyer Answer
Trent A. Howell
Trent A. Howell
  • Santa Fe, NM
  • Licensed in New Mexico

A: In general, for work already done, an employer must pay whatever rate of pay and benefits were agreed upon before the work was done. Unless the employer has also entered an agreement to continue a rate of pay or benefits for a certain period of time into the future, an employer can change the rate of pay and benefits going forward (but in no case decrease the amount below any applicable minimum wage). This is not legal advice to you, but a general idea of the law. Whether and how it applies to you would depend on the details of your employment.

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