Albuquerque, NM asked in Employment Law for New Mexico

Q: I was fired the day after a work related injury on a false accusation. Can I file a lawsuit?

I injured my back at work and was giving a few days off. I live next to the bistro I worked in so I stopped by the next day on my way to the store and was asked to purchase a pack of cigarettes for a fellow employee. After delivering the cigarettes I returned home. I was then fired that night, on an accusation. A waitress supposedly had $300 stolen from her purse behind the servers station. While being questioned by police The manager came out and told me to admit to taking it and the waitress would not press charges. Impossible for me to do since I had not taken anything. They refused to show me any camera footage they had and fired me right then and there. I believe it was in fear I may file for workers comp. Can I file a lawsuit against my employer. ? And how should I go about doing so

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1 Lawyer Answer

Trent A. Howell

Answered
  • Santa Fe, NM
  • Licensed in New Mexico

A: There is a statute prohibiting employers from terminating employees "for the sole reason that that employee seeks workers' compensation benefits." New Mexico Workers’ Compensation Retaliation Statute, NMSA § 52-1-28.2. Whether and how it applies to you would depend on the details of your employment.

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