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New Mexico Employment Discrimination Questions & Answers
1 Answer | Asked in Employment Law and Employment Discrimination for New Mexico on
Q: I was laid off of work while on FMLA. What can I do?

I was working for Meowwolf and I became unable to do my job without ada compliance. I had surgery and took FMLA and then was laid off.

Deena L. Buchanan
Deena L. Buchanan
answered on May 2, 2024

This situation may trigger retaliation claims under the FMLA, the ADA, and the NM Human Rights Act. You should contact an experienced New Mexico employment lawyer to discuss the details. Most of us offer consultations or case reviews for free. There are fairly short time limits for pursuing these... View More

1 Answer | Asked in Employment Law, Business Law and Employment Discrimination for New Mexico on
Q: My attorney is not being straight up with me and Im afraid he's gonna Run off leave me stuck

I need to make sure my attorney is doing his job because I don't get feed back like I should he gets mad when I email him too much tell me to stop contacting him that he will let me know when there's any updates on my case and whenever it's time for me to start looking for another lawyer

Tim Akpinar
Tim Akpinar
answered on Mar 31, 2024

A New Mexico attorney could advise best, but your question remains open for two weeks. Until you're able to consult with local attorneys in your state, the general practice followed nationwide is that clients can dismiss their attorneys, and vice versa, an attorney can withdraw from... View More

1 Answer | Asked in Employment Discrimination, Employment Law and Personal Injury for New Mexico on
Q: Was injured at work Nov 2020 but didnt do employee injury form. "Unpaid" medical leave as "5 hrs short.

Required surgery for herniated disc Jan 2021 & never fully recovered now need more. Given less physical job but am slower & 72 yrs old. Terminated Dec '21 as said no funding for my position. Just got a disqualification from NM Workforce Solutions as said i was per diem, ( statute... View More

Tim Akpinar
Tim Akpinar
answered on Mar 5, 2022

I'm sorry you were treated this way following your injuries. A New Mexico attorney could advise best, but your question remains open for two weeks. Ordinarily, injuries sustained in the course of employment should be covered by workers' comp. But I am not clear on your legal capacity here... View More

1 Answer | Asked in Employment Discrimination and Employment Law for New Mexico on
Q: Can an employer in New Mexico drop your hours from 37-38 a week to 30 hours a week because you were sick?
Kyle Anderson
Kyle Anderson
answered on Apr 7, 2021

Hi, more information is needed here. The employer can generally schedule you for as many or as little hours as it wants. However, if you have an employment contract, or the company did so because your sickness qualifies as a disability under the Americans with Disabilities Act, this may be unlawful.

1 Answer | Asked in Employment Law and Employment Discrimination for New Mexico on
Q: is it illegal to record your manager at work during a conversation between me and her in a federal building usps office
Kyle Anderson
Kyle Anderson
answered on Oct 8, 2020

Hi, it appears New Mexico is a one-party consent state. That means as long as one party to the conversation gives consent (which could be you), you can record the conversation. I would consult an attorney in your state before taking any action.

1 Answer | Asked in Employment Discrimination and Employment Law for New Mexico on
Q: Can i get a lawyer for a motel who doesnt give me any compensatiom for hours worked 70 hrs in a week all i get is a room
Deena L. Buchanan
Deena L. Buchanan
answered on Mar 1, 2020

Your employer must pay you at least minimum wage for all hours worked and overtime if you work more than 40 hours in a workweek and are non-exempt. It sounds like you may have a claim.

1 Answer | Asked in Civil Litigation, Employment Law and Employment Discrimination for New Mexico on
Q: Do I have to sign a release of information for all former and any company I applied for since my constructive discharge?

Employment disability discrimination case in New Mexico. In the discovery phase, they are insisting that I sign a release of information for all former, even though I was employed by this company for 17 years, and all companies I applied since my constructive discharge. What relevance does any... View More

Deena L. Buchanan
Deena L. Buchanan
answered on Jun 29, 2019

Are you handling this case by yourself? If possible, I strongly urge you to consult with an attorney. Litigation is filled with these kinds of issues that can get your case dismissed if you don't handle them properly.

I believe you are asking about an employment information release....
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1 Answer | Asked in Employment Law, Employment Discrimination and Civil Rights for New Mexico on
Q: I applied at a restaurant a few weeks back. My partner works there too. The owner told my partner that he wasn't

going to hire me because he works there also. Pretty much he doesn't hire couples. But, the same guy hired a husband and wife couple, they work the same shifts. He also hired a BF/GF couple. Now, both of those couples are Indonesian. The owner himself is Chinese. I am Native as is my partner.... View More

Trent A. Howell
Trent A. Howell
answered on Mar 6, 2018

In certain situations, New Mexico Human Rights Act ("NMHRA"), NMSA § 28-1-1 et seq., requires an employer to consider an applicant for a position regardless of "spousal affiliation" or sexual orientation. In addition, if the employer retains some employees and terminates... View More

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for New Mexico on
Q: I think I am being retaliated against by my pharmacy manager because I went to upper management about her.what can I do

Feel my manager is attacking me after I went to upper management about scheduling. Caused me to be out of work for 3 weeks

Trent A. Howell
Trent A. Howell
answered on Mar 6, 2018

A number of statutes prohibit public and privates employers from retaliating against employees for making certain types of internal complaints. Two statutes commonly involved with such claims are the New Mexico Human Rights Act (“NMHRA”), NMSA § 28-1-1 et seq. and the New Mexico Whistleblower... View More

1 Answer | Asked in Business Law, Employment Discrimination and Employment Law for New Mexico on
Q: Can my employer make me pay for something as pretty as a broken liquor bottle?

Giant #6338 Western Refining/andeavor

Trent A. Howell
Trent A. Howell
answered on Oct 31, 2017

In general, New Mexico "tort"/"negligence" law makes a person liable to anyone whom he causes accidental damage - whether at work, or anywhere else. Whether it is worth anyone's time to file or fight a lawsuit over a broken liquor bottle is a different question.... View More

1 Answer | Asked in Employment Law and Employment Discrimination for New Mexico on
Q: I was sent a proposed removal from the VA. I need to know what my rights are if any? I have had no prior write ups.

I have been on FMLA the last three years. I have a new supervisor that did not explain to me that my FMLA needed to be redone in order for me to have it again. For some reason when I went to do all my paperwork there were more added steps that were not required the previous years and I kept... View More

Trent A. Howell
Trent A. Howell
answered on Oct 31, 2017

In general, an employer must provide certain notices and responses to employees regarding FMLA leave. See, e.g., https://www.dol.gov/whd/regs/compliance/whdfs28d.pdf . In addition, it is unlawful and gives rise to a particular cause of action if the employer terminates an employee in retaliation... View More

1 Answer | Asked in Employment Discrimination for New Mexico on
Q: I applied for job at a FQHC clinic in nm. They are saying they can't hire me because my great uncle is a board member???

I read NM laws and in NM I would be considered 4th relative which is not immediately family and would not stop me from being considered for the position. Would the federal law have anything different in this case?? I want to make a complaint but am unsure if is would be considered under EEOC? Thank... View More

Trent A. Howell
Trent A. Howell
answered on Apr 14, 2016

An entity that is a “Federally Qualified Health Center” (FQHC) under Medicare and Medicaid statutes operates under certain federal regulations that may prohibit certain conflicts of interest, which may include nepotism in certain situations. Whether those regulations apply to you would depend... View More

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