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New Mexico Employment Law 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
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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 Criminal Law, Employment Law, Tax Law and Personal Injury for New Mexico on
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.

James L. Arrasmith
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answered on Dec 25, 2023

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... View More

Q: Legal actions against false charges, injury by police, and employment lawsuit motions in New Mexico.

What legal actions can I take if the defendant, who employed me for two years, called the police during my deposition, leading to my arrest due to false fraud charges they filed against me in August 2024? These charges were dismissed on April 17, 2025. The police forcibly removed me from my home,... View More

James L. Arrasmith
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answered on May 15, 2025

You have several possible legal options here, especially since the charges were dismissed and you’ve suffered both physical and reputational harm. If your former employer falsely accused you of fraud and those charges were dropped, you may have grounds for a malicious prosecution or abuse of... View More

1 Answer | Asked in Employment Law, White Collar Crime, Civil Rights and Criminal Law for New Mexico on
Q: Retaliation by ex-boss after refusing illegal activity in New Mexico.

I've alleged retaliation by my ex-boss within his company in Santa Fe, New Mexico. He attempted to coerce me into using his father-in-law's social security number in order to retain my position, claiming it as a requirement. I refused and experienced negative treatment at work, ultimately... View More

James L. Arrasmith
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answered on May 14, 2025

You can start by gathering your documentation—emails, texts, or notes showing the demand that you use a family member’s Social Security number and the negative treatment you suffered after you refused.

Next, file a complaint with New Mexico’s Department of Workforce Solutions, which...
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2 Answers | Asked in Domestic Violence, Employment Law and Personal Injury for New Mexico on
Q: Seeking legal advice on workplace harassment and violence in New Mexico.

I am experiencing harassment and violence from a coworker who has become my supervisor at my job in New Mexico. He has physically assaulted me by stalking me, breaking my windshield, and even strangling me while banging my head on the floor. Despite my attempts to report these incidents to HR,... View More

Deena L. Buchanan
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answered on May 16, 2025

I strongly recommend reaching out to a New Mexico employment lawyer right away. This is a dangerous situation and you should not have to suffer this type of abuse at work. You can also seek a protection from abuse order from your local court. They do apply to workplace abusers.

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1 Answer | Asked in Employment Law and Civil Rights for New Mexico on
Q: Can a New Mexico employer reject me for a teaching job due to non-conviction arrest records?

I received a job offer for a teaching position in New Mexico. Can the employer withdraw the job offer due to arrest records in my background check, even though the arrest did not lead to a conviction and is not related to teaching?

James L. Arrasmith
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answered on Apr 16, 2025

In New Mexico, employers are generally prohibited from using arrest records that did not lead to convictions when making employment decisions. This means that if your arrest did not result in a conviction, it should not be considered by your prospective employer. The state's "Ban the... View More

1 Answer | Asked in Civil Rights, Employment Law, Public Benefits and Social Security for New Mexico on
Q: How can I challenge financial exploitation and regain legal rights for my son's welfare in NM?

My 44-year-old son, who has a TBI and is experiencing seizures, was coerced into making my sister his payee. My mother and sister have financially exploited him, falsely reported to SSA that I am dead, and manipulated him against me, restricting his contact with me. Despite reporting these issues... View More

James L. Arrasmith
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answered on Mar 28, 2025

You're facing a challenging situation with your son's care and finances. To address this, start by contacting New Mexico Adult Protective Services at 1-866-654-3219 to report the suspected financial exploitation, as they're equipped to investigate abuse cases involving vulnerable... View More

1 Answer | Asked in Criminal Law, DUI / DWI, Employment Law and Traffic Tickets for New Mexico on
Q: MVD does not value magistrate dismissal forms or follow their guidelines in a revokasion 4r 2 years. What 2 do?

They enforcing a violation without probable cause or a citation or criminal code to go on. I might have legal aid but need relief of 3 impounds for civil rights violations and placed the breathalyzer 3 times with monthly fees to something u existing.

Karlos Ulibarri
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answered on Feb 5, 2025

I apologize but I do not understand the question you are asking.

Please restate and send in your question again.

Thank you

1 Answer | Asked in Employment Law, Civil Rights, Education Law and Employment Discrimination for New Mexico on
Q: Hello, I recently lost my teaching job due to a RIF. I received no notice of this prior and I have seniority.

I am at a charter school in Albuquerque(not under APS). No notice was given and I was one of 3 teachers in my department who lost their position. I have seniority of both of them. What can I do? How can I fight this?

James L. Arrasmith
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answered on Jan 5, 2025

I'm sorry to hear about your situation. Start by reviewing your employment contract and any relevant policies the charter school has regarding layoffs and seniority. Ensure that the process followed aligns with what’s stipulated in these documents.

Next, gather all documentation...
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1 Answer | Asked in Criminal Law, Employment Law and Constitutional Law for New Mexico on
Q: If used a diploma not knowing it was fake or acreitdale what can I do or what does that consist of?

Just found out my diploma is fake after 15 years the so called school I got it from no longer exgist I did this threw mail now I in fear of legal troubles

James L. Arrasmith
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answered on Sep 21, 2024

It can be very stressful to discover that a diploma you’ve relied on is not legitimate, especially after so many years. The first thing you should do is stay calm and gather as much information as possible about the situation. Find any documentation, correspondence, or other details you have... View More

1 Answer | Asked in Employment Law, Civil Rights and Employment Discrimination for New Mexico on
Q: I’ve been subversively targeted by line management with no communication of concerns or complaints, call a lawyer or HR?

Since May I have been concerned for being targeted by line management in an effort to subversively remove me from my project. I contacted management above line regarding the concern immediately. Only one email was ever sent by line manager to request anything of me. I declined some requests as it... View More

James L. Arrasmith
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answered on Aug 31, 2024

It sounds like you're in a challenging situation where you feel unfairly targeted by your line management without any clear communication or justification. You've taken some good initial steps by reaching out to upper management to express your concerns and document what's been... View More

1 Answer | Asked in Employment Law for New Mexico on
Q: Can an employer in the state of new mexico ask you why you need a certain day off
John Michael Frick
John Michael Frick
answered on Sep 18, 2023

Obviously yes. There are certain reasons for which the law requires an employer to give an employee a day off (for instance, Family Medical Leave, jury duty, religious reasons, etc. Whether an employer will give an employee a day off for other reasons depends on the parties' employment... View More

1 Answer | Asked in Employment Law for New Mexico on
Q: can a company fire you because my top priority was not working for their company

top priority was not working for their company

T. Augustus Claus
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answered on Jul 18, 2023

In New Mexico, employment is generally considered "at-will," which means that employers have the right to terminate employees for any reason that isn't illegal. However, there are some limitations to that, and firing someone simply because their top priority wasn't working for... View More

1 Answer | Asked in Employment Law for New Mexico on
Q: Employer says advertised salary range was incorrect are they liable for posted salary range?

During salary negotiations was advised the posted salary range was incorrect (error by HR) and the actual range is lower. Are they legally bound to the advertised range?

Rhiannon Herbert
Rhiannon Herbert
answered on Mar 22, 2023

Generally no. If you are paid on a salary basis, your employer need only pay you at least $684.00 per week assuming you are properly classified as a salaried employee in order to comply with the law.

1 Answer | Asked in Cannabis & Marijuana Law, Employment Law and Social Security for New Mexico on
Q: Can a person on disability help(volunteer) her husband in cannabis business without losing benefits?
James L. Arrasmith
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answered on Mar 4, 2023

It depends on the specific circumstances and the laws and regulations of the state in which the person resides. Generally, disability benefits are designed to provide financial assistance to individuals who are unable to work due to a disability. If a person is receiving disability benefits, they... View More

1 Answer | Asked in Employment Law for New Mexico on
Q: My usual workday is 10 hours; 6am-4:30pm, the last two of which are overtime hours. The polling closes at 7pm.

Overtime is not mandatory so my employer says they can let me off at 2:30 in order to vote without paying my overtime. Overtime is scheduled all year. Are they right for letting me out early with no overtime pay?

Rhiannon Herbert
Rhiannon Herbert
answered on Nov 8, 2022

Federal law measures overtime hours according to a seven-day workweek rather than by the day. Any hours over and above 40 per seven-day workweek count as overtime hours. Thus, as long as you are properly paid overtime for all hours you work in excess of 40 per workweek, your employer is permitted... View More

1 Answer | Asked in Employment Law and Business Law for New Mexico on
Q: Can a non profit (501 (c)) offer in a contract to pay a percentage of the profits, thanks
Matthew Morris
Matthew Morris
answered on Aug 9, 2022

It depends. Because you tagged this question with both "business" and "employment," I'm assuming that the profit-sharing contract you are asking about is a contract with an employee of the nonprofit organization. If so, you are dealing with a question involving a topic that... 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.

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