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New Mexico Employment Law Questions & Answers
2 Answers | Asked in Employment Law for New Mexico on
Q: Can my employer replace me with a new hire because I had to take two days off to undergo a medical procedure?

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... View More

Marshall Jason Ray
Marshall Jason Ray
answered on Mar 28, 2016

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... View More

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2 Answers | Asked in Employment Law for New Mexico on
Q: haven't got paid

never got paid by company overseeing fiber build in NM. I did some drafting for them. And they refuse to pay. Can you help?

Marshall Jason Ray
Marshall Jason Ray
answered on Mar 26, 2016

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... View More

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2 Answers | Asked in Employment Law for New Mexico on
Q: Can my employer take my PTO Ive accrued in the year and 2 months I've been employed as a full time employee ?

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... View More

Marshall Jason Ray
Marshall Jason Ray
answered on Mar 26, 2016

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... View More

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1 Answer | Asked in Employment Law for New Mexico on
Q: Penalty for running business with employees with no registration to state of NM

Business doesn't need licence needs registered for lawn care

Marshall Jason Ray
Marshall Jason Ray
answered on Mar 26, 2016

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... View More

2 Answers | Asked in Employment Law for New Mexico on
Q: Is there a case of False Advertisement or Bait and Switch?

Here's the analogy:

I resigned a good job working as regular employee for hopefully a higher paying job closer to my home address.

I sent the definition of a baker to the boss and she said yes it is for a baker.

I asked her what the work schedule is and she said 8 AM... View More

Marshall Jason Ray
Marshall Jason Ray
answered on Mar 23, 2016

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... View More

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1 Answer | Asked in Employment Law for New Mexico on
Q: this is a neptoism question...can 2 people that work for the same company and department date?
Marshall Jason Ray
Marshall Jason Ray
answered on Mar 19, 2016

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.

1 Answer | Asked in Employment Law for New Mexico on
Q: Are employers required to put employees on a schedule if they are on the payroll but company does not have labor hours

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

Marshall Jason Ray
Marshall Jason Ray
answered on Mar 18, 2016

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... View More

2 Answers | Asked in Employment Law for New Mexico on
Q: If i signed a non compete agreement for a eyebrow threading company in New Mexico are there ways around it?
Mr. Michael O. Stevens
Mr. Michael O. Stevens
answered on Mar 1, 2016

Many times there are. I would seek out a local employment law attorney to review what the agreement says and what options you have.

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2 Answers | Asked in Civil Rights, Constitutional Law and Employment Law for New Mexico on
Q: My background was pulled and i was fired. An employee not with HR read and told me what was on it. Is it a Privacy Issue

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... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 14, 2015

To answer your question will require a bit of research on most attorneys parts. You need to actually go see one about this.

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