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:
- National origin
- 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.
I had a wonderful experience with this law firm.- Stephen P.
I wouldn’t hesitate to recommend him or any of the team at Potts.- Theo C.
The Potts Law Firm is a powerhouse of brilliant attorneys.- Molly H.
I would recommend Potts Law Firm for any and all legal matters that come my way in the future!- W. Gary
Great law firm!- Hugo G.
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.
ERISA Class Action Settlement $36 Million
Potts Law Firm 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.