I was told my plant in Pennsylvania would be shutting down soon, and that I would be doing the company a favor in Relocating to New Mexico. I agreed under the circumstances that my plant was shutting down. I had to sign a repayment agreement if I were to quit or get fired within 2 years. I quit... Read more »
Generally, the answer would depend on the specific terms of your repayment agreement. In some situations, New Mexico does recognize a claim of "fraud in the inducement" of an agreement as grounds to void the agreement. Generally, New Mexico Statutes Section 50-4-2 prohibits an employer from any...Read more »
In certain situations, the New Mexico Workers' Compensation Act, NMSA § 52-1-28.2, prohibits the employer from retaliating/terminating/pressuring resignation after an employee sustains a workplace injury and/or makes a claim for Workers Compensation benefits. Whether it applies to you would...Read more »
My employer recently got a new manager (he has been there for 3 weeks) I have worked at the company for 8 months (since it opened) and have had the exact same schedule since that point(I have documentation of this), and have never asked for a single day off. I requested two days off because I had... Read more »
You will need to consult with an attorney where you can provide more details to determine what the legal implications are of your employer's actions. As a general rule, unless there is a contract stating otherwise (such as a collective bargaining agreement), an employer can fire and replace an...Read more »
Did you do this on a contract basis or were you an employee (sometimes even if you were told you were a contractor, the law might consider you an employee)? You can report to the New Mexico Department of Workforce Solutions Wage and Hour Bureau. They will investigate employers who fail to pay...Read more »
I have been at my current job for A year and two months yesterday I was told that I'm being put on in 3 months probationary period because of my absences, in which 75% of them i have provided proof of court dates and physician appointments which they would tell me they didnt need a copy. My accrued... Read more »
It is not clear what you mean when you say you are now a part time employee even though your hours stay the same. You would need to provide more details, but the general rule in New Mexico is that issues related to accrual, use, or loss of vacation or sick leave are determined by your employer's...Read more »
It is not clear what you are asking. With few exceptions, any business in New Mexico with employees must register with multiple government entities. The business should have a Federal Employer Identification number (EIN) to facilitate federal payroll taxes and withholding. The business will also...Read more »
Is this a real scenario? You were hired as a baker and then reassigned to duties as a car mechanic? It is not clear from your description whether you have any legal claims. Employment in New Mexico is presumed at-will unless there is a contract stating otherwise. That means the employer does...Read more »
This happens all of the time. Whether it is permitted or not is a matter of company policy. Government entities are subject to some anti-nepotism laws, but otherwise fraternization and nepotism are not legal issues but rather issues of company policy.
I currently operate a business but am facing the choice of either laying people off or keeping them on the payroll without scheduling any hours until financial situation improves. Just wanted to know if there was a minimal requirement for hours if an employee was on a current payrol
If you do not have the work, you do not have to schedule employees for a minimum amount of hours unless you have entered into a contract that alters the presumptive at-will relationship. Even if you do have the work, you do not have to guarantee any worker a minimum number of hours. This answer...Read more »
I was terminated because of information on a background report. An employee told me i was under investigation for crimes and he informed me of what was on my background report. It isn't public record, i never knew about any allegations against me and had to find out from another employee about what... Read more »
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