Employment Law IT'S ALL ABOUT THE RIGHT CHOICE

Albuquerque Employment Attorneys

Fighting for New Mexico Employees at All Levels

All employees, whether they are brand-new hires or seasoned executives, deserve fair treatment in their workplaces. If you have been discriminated against, retaliated against, sexually harassed, denied pay, or subject to any other type of unlawful treatment, you may be entitled to compensation and other legal remedies.

At Potts Law Firm, we are dedicated to going the distance for employees whose rights have been violated. With over 250 years of combined legal experience, our Albuquerque employment lawyers understand how to strategically approach these cases and will aggressively fight to enforce your rights. Getting you the result that you deserve is our top priority, and you will have our responsive team’s complete, unwavering support from the moment you reach out. It’s all about power and results, and, having recovered over $1 billion for our clients, we are confident we can deliver a favorable outcome.

You pay our firm nothing unless we win, so give us a call at (505) 305-1283 or contact us online to schedule a free initial consultation today. Same-day appointments are available, and we offer services in English and Spanish.

Recognizing Discrimination in the New Mexico Workplace

All New Mexico employers with at least four employees are covered by the state’s anti-discrimination law in addition to federal anti-discrimination laws. These laws forbid employers from making employment decisions or taking adverse employment actions on the basis of an employee’s (or prospective employee’s) protected characteristic.

Under the New Mexico Human Rights Act, an employer cannot discriminate against an employee on the basis of their:

  • Race
  • National origin
  • Ancestry
  • Religion
  • Sex
  • Sexual orientation
  • Gender identity
  • Pregnancy or related conditions
  • Physical or mental disability
  • Serious medical condition
  • Spousal affiliation
  • Age (40 or over)

Examples of unlawful discrimination an employee or prospective employee might experience include being:

  • Fired or laid off because of a protected characteristic
  • Demoted or having your pay reduced because of a protected characteristic
  • Denied a promotion, raise, or another work-related opportunity because of a protected characteristic
  • Subject to unwelcome and inappropriate comments or jokes about a protected characteristic
  • Denied a reasonable accommodation for a disability or religious beliefs
  • Refused a position someone is qualified for because of a protected characteristic

Discrimination can be difficult to prove, as employers will rarely be transparent when they are deliberately making discriminatory employment decisions. Our Albuquerque employment attorneys can review the available evidence, advise whether you have a strong case, and walk you through your legal options.

Wrongful Termination, Explained

New Mexico is an “at-will” employment state, meaning an employer can choose to fire an employee at any time, for almost any reason. The law prohibits firing or laying someone off on discriminatory or retaliatory grounds.

A termination is discriminatory if the basis for the decision is tied to a person’s protected characteristic, such as age (if over 40), sexual orientation, or pregnancy status. A termination is retaliatory if it occurs because an employee exercises their rights by participating in a protected activity.

Examples of protected activities that might trigger various forms of retaliation, including wrongful termination, include:

  • Discussing wages and working conditions with other employees
  • Refusing to do something unlawful
  • Reporting unlawful activity (including discrimination and sexual harassment)
  • Filing a workers’ compensation claim
  • Participating in an internal or external investigation
  • Asking for a reasonable accommodation for religious beliefs or a disability

Employers tend to look for legally justifiable reasons to mask their true intentions when wrongfully terminating someone. If you think your dismissal was discriminatory or retaliatory, get in touch with Potts Law Firm. If we think you have a case, we will fight to get you compensation for lost wages, pain and suffering, and other economic and non-economic damages. We may even be able to secure reinstatement to your position.

Do not wait to get legal advice if you believe any of your rights may have been violated. Call (505) 305-1283 or contact us online to discuss your case with us today.

It's All About Your Recovery

Hear From Our Past Client's
  • I had a wonderful experience with this law firm.

    “They were able to complete it in a timely manner and were great at keeping me up to date with communication throughout the entire process. I highly recommend using this law firm if the need arises.”

    - Stephen P.
  • I wouldn’t hesitate to recommend him or any of the team at Potts.

    “Michael Bins has been extremely helpful in helping us to navigate a situation with an insurance claim on a commercial property. He’s gone above and beyond in moving our case toward a positive resolution that we’re satisfied with.”

    - Theo C.
  • The Potts Law Firm is a powerhouse of brilliant attorneys.

    “They know the law from every angle, dig deep, and will not accept anything less than what was asked in the original suit. The Potts team never backed down until the case was settled in full.”

    - Molly H.
  • I highly recommend Adam and Potts Law Firm

    “From the first meeting, Adam made me feel like he had my best interest at heart and took care of everything.  I can't say enough good things about how helpful, professional, and caring Adam was to me.”

    - Mary H.
  • I would recommend Potts Law Firm for any and all legal matters that come my way in the future!

    “The Potts Law Firm answered all of my numerous questions in layman’s terms which is what I needed. I was able to lie back & heal from my injuries knowing full well that my obligations were being handled appropriately.”

    - W. Gary

When Am I Owed Overtime Pay in New Mexico?

The grand majority of employers operating in New Mexico must issue overtime pay (one and a half times an employee’s regular rate) for all hours worked in excess of 40 hours in a single work week. While “exempt” employees and independent contractors are not entitled to overtime, do not assume your employer is classifying you fairly. Some employers will intentionally misclassify non-exempt employees to avoid paying overtime. Our Albuquerque employment lawyers can advocate for you in pay disputes if you believe you are being denied full and fair compensation.

it's all about your best possible result

Explore our past successes
  • ERISA Class Action Settlement $36 Million

    T. “Micah” Dortch served as class counsel in the ERISA class action, Diebold, et al. v. Northern Trust Investments, N.A. et al., 09-Civ-1934 (Diebold), in the United States District Court for the Northern District of Illinois where the Court approved a collective settlement of $36 million dollars for class representatives resulting in millions of dollars returned to investors.

What Is Considered Sexual Harassment in a Workplace?

Under the law, sexual harassment is considered a type of sex-based discrimination and is thus prohibited. A person of any sex, sexual orientation, or gender identity can experience sexual harassment. Workplace sexual harassment falls into two major categories:

  • Hostile work environments. A hostile work environment refers to a situation where unwelcome and inappropriate sexual comments, jokes, or touching (including hugging) have made an employee feel uncomfortable or unsafe to the point where they find it more difficult to do their jobs. The harassment does not need to come from the employee’s boss or supervisor. Anyone, including people outside an organization, can contribute to a hostile work environment. It is the job of the employer to address and resolve the hostile work environment once it is reported or they learn about it.
  • Quid pro quos. An employee is subject to a quid pro quo if another employee (typically a boss or supervisor) asks for a sexual favor in exchange for a job-related advantage. A quid pro quo could also function as a threat if someone threatens retaliation if a sexual advance is not reciprocated.

No one should feel unsafe at work. If you reported sexual harassment and your employer failed to do anything to stop it from continuing, reach out to our team, who can help explore your options.

IT'S ALL ABOUT YOUR SUCCESS

Work With an Award-Winning Legal Team
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