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

Answered
  • 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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.