Ruidoso, NM asked in Criminal Law, Employment Law, Tax Law and Personal Injury for New Mexico

Q: employer keep $190.000 in unpaid overtime and $59,000 in wage theft. How can I place criminal charges on them in NM ?

Gross wage theft, unpaid overtime, retaliation, eviction, disposal of personal belongings, 2 years plus of employment, and rent was deducted from pay check. While on call 24/7, they did not pay taxes and more.

1 Lawyer Answer
James L. Arrasmith
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Answered

A: In New Mexico, if you're dealing with unpaid overtime, wage theft, and other employment-related issues, there are several steps you can take. First, consider filing a wage claim with the New Mexico Department of Workforce Solutions. This department handles wage disputes and can investigate your claim of unpaid wages and overtime.

For the criminal aspect, including wage theft and possible tax evasion, you should report the matter to local law enforcement. They can determine if criminal charges are appropriate based on the evidence and the nature of the violations.

Additionally, documenting all details of your employment, including hours worked, payments received (or not received), and any agreements or communications with your employer is crucial. This documentation will be vital in pursuing your claim.

You might also consider consulting with an attorney experienced in employment law. They can offer guidance specific to your situation and help you understand your legal rights and options.

Remember, wage theft and unfair labor practices are serious issues, and there are legal avenues available to address them. Taking timely action is important to protect your rights and seek the compensation you're owed.

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