New Mexico Employment Law Attorney

The assistance and representation of an employment lawyer can help you prevent legal problems, protect your rights and recover losses incurred due to violations of employment law. Whether you are an employee or employer, it is imperative you have skilled legal guidance in matters relating to discrimination, harassment, wages, overtime, contracts and more. Should you need to take legal action or defend your organization against such action, our legal counsel can thoroughly prepare your case and advocate for your best interests with the most effective approach for your situation.

To learn more about how we can assist you in employment law matters, please refer to the list of topics and areas we represent below. We also offer consultations to listen to your concerns and provide you with a clear understanding of all the options available. To contact us, call our Albuquerque-based law firm today at 505-227-8343.

New Mexico Employment Law Attorneys Serving Employers And Employees

Our firm represents employers and employees across the gamut of employment law issues. We can assist you with matters such as:

Adverse Employment Action
In order to be classified as an adverse employment action and so allow certain legal steps to be taken to correct it, the issue about which you are complaining must satisfy certain criteria. To start, it must be significant in nature and more than an inconvenience or undesired change. Learn more about adverse employment actions ...

Audits
The best way to address legal problems regarding employment law is to take appropriate measures to avoid them. Having a legal professional regularly conduct an audit of your company's policies, procedures, employee classifications, or compensation ensures you are in compliance and your current method of operation reflects changes in state and federal law. Learn more about audits ...

Administrative Charges
For most kinds of discrimination, harassment or retaliation claims a Charge of Discrimination must be first filed with the state or federal administrative agency within certain time limits to be allowed per the restrictions of the law. We represent employees and employers in administrative charges and will be by your side throughout the entire process. Read about administrative charges ...

Class Actions
A class action is one in which legal action is taken on behalf of all members of a large group of people affected by the same issue. A class action is typically brought by one employee or a small number of employees on behalf of the interests of the larger group. Our firm has had much experience on both sides of class action cases. We represent groups in class-action lawsuits against even the largest employers and will fight relentlessly for the justice and workplace changes you deserve. Click here for more about class-action suits ...

Compensation
When an employee has been or claims to have been discriminated against, harassed or otherwise treated unfairly and in violation of the law, he or she has the right to pursue compensation for the legal violation. This may cover lost wages, lost benefits, financial losses incurred, emotional distress and more. Read more about compensation ...

Contracts
Employment contracts are an important document, demanding sound legal advice to ensure your interests are accounted for and the terms are in compliance with the law. Issues such as duties and responsibilities, compensation and benefits, length of employment, non-compete restrictions, grounds for termination and more must be precisely defined based on a thorough understanding of the law. Learn about contracts ...

Discrimination
Employment discrimination is illegal, no matter where in the employment process it occurs – during hiring, firing, in relation to promotions, demotions, training, compensation, discipline, benefits, and other conditions of employment. Actions taken based on race, color, religion, sex, age, disability, sexual orientation, gender identity, pregnancy, national origin, veterans status, military leave, marital status, bankruptcy, garnishment, or other protected bases are grounds for legal action. Read about discrimination ...

Equal Employment Opportunity Commission (EEOC) Charges
The EEOC enforces laws relating to employment discrimination, harassment, employer retaliation and similar issues for employers with at least 15 employees. Hiring, training, promotions, firing, wages and benefits are all addressed by the Commission, whether they involve private sector employers, employment agencies, labor unions, or local or state governments. Read about the Equal Employment Opportunity Commission (EEOC).

Handbooks
As an employer, it is vital you know your legal obligations and restrictions regarding employees, otherwise you risk being charged with legal violations and their potentially costly consequences. These requirements must also be incorporated into your regular operations. Our firm can assist you in this regard by ensuring your handbook has up-to-date, effective, policies necessary to achieve this. Read more about handbooks ...

Harassment
Harassment is illegal when it is because of a protected basis like race or sex. Illegal harassment consists of repeated actions or behavior such as threats, offensive remarks or physical gestures which when combined are so severe or pervasive that it creates an intimidating, hostile or offensive work environment. Harassment may be carried out by a supervisor, co-worker, or someone not employed by the company but connected to the workplace. The impact of workplace harassment on an employee can be severe and most employees who are subjected to unlawful harassment experience symptoms of emotional distress. Unlawful harassment can lead to increased turnover, loss of productivity, increase in absenteeism, increase in health care costs, poor morale, as well as legal claims. Learn about harassment ...

Litigation
If you are faced with a court case, representation by a skilled litigation attorney is key. Our firm can guide you through the entire process, thoroughly prepare your case, and fight relentlessly for your interests. We regularly litigate before various government agencies, and in state and federal courts. Click here for more about litigation ...

Overtime
Under the law, employees are entitled to overtime (time and a half) for hours worked in excess of 40 in a given week. If the employer refuses to pay overtime rates when required or is delaying payment of overtime owed, speak to the attorneys at our firm about your legal rights and options. Read about overtime ...

Pre-Employment/Personality Testing
Discrimination can occur during any stage of the employment process, including before an individual has been hired. Pre-employment screening such as the use of personality tests, which adversely impacts a group of employees on the basis of race, sex, age, disability or other protected basis may violate the law. The law prohibits employment screening which has an adverse impact, even if the employer did not intend to discriminate. Learn about pre-employment/personality test ...

Pregnancy Discrimination
Pregnancy discrimination is any type of adverse employment action or harassment because a person is pregnant. The law protects women from being treated unfairly by their employers or being harassed by co-workers. Employees and applicants for employment are not required to inform the employer that they are pregnant and employment decisions should not be made on the basis of pregnancy. Click here to read more about pregnancy discrimination ...

Punitive Damages
In certain cases, pursuing punitive damages may be an option for an employee or group of employees whose rights have been violated by discrimination, harassment or other unfair and illegal treatment. Punitive damages are designed to punish the wrongdoer and act to prevent similar actions from occurring in the future. Learn more about punitive damages ...

Remedying Employment Discrimination
There are a variety of options available to remedy employment discrimination or alleged discrimination. Our legal team can offer experienced legal advice as to how best to address such a situation, or represent you in negotiations, mediation, arbitration, a formal complaint, an administrative charge, a governmental hearing, or cases in court. Learn about remedies for employment discrimination ...

Retaliation
The law specifically forbids employers from taking retaliatory action in response to a good faith complaint made by employees regarding discrimination or harassment, as well as some other types of concerns. Whether the complaint was to the Human Resources Department, to a manager or hotline, or a government body or the employee was involved in an investigation on the matter, the employer may not take action against the employee as a result. Read more about retaliation ...

Sexual Harassment
Sexual harassment may take various forms, including unwelcome sexual advances, requests for sexual favors, or any verbal or physical conduct of a sexual nature which is so severe or pervasive that it creates an abusive, offensive or hostile work environment. When this type of behavior occurs regularly, employees have grounds for legal action. Click here to read more about sexual harassment ...

Training
We provide training to employers and community groups regarding employment law issues. Training is an important step in preventing legal claims and can be helpful to the defense of employment claims. We provide "all-employee" training, supervisory or management training and training for board members. Our attorneys are sought-after presenters and key note speakers whose presentation skills won't disappoint. Read more about training ...

Union Issues
Union activity and grievances can be nerve-racking for employers and these matters involve a specialized area of law. Labor unions must abide by certain laws and must also be addressed in accordance with specific regulations governing various employment matters. We can assist you with all your legal issues arising from union actions, whether you are initiating or responding to such action. Click here to learn more about union issues ...

Wage And Hour
Employment law defines wage and hour requirements to do with minimum wage, hours worked, breaks, overtime, which employees can be paid on a salary basis, and other such matters. Employees may not be asked to work during unpaid breaks (or the break must be paid) and they must be compensated timely for the hours they have worked. Often an employer's pay policies and practices are applied to a group of employees, making them ripe for collective and class actions. Read more about wage and hour claims ...

Whistleblower Protection Act
In New Mexico, only employees of the state or federal government are protected by a Whistleblower Protection Act. (Retaliation against other types employees may be prohibited by other laws). If an employee observes any discrimination, gross mismanagement, misuse of taxpayer money, legal violation, or danger to public safety occurring at the workplace, the first step should be to make a complaint. However, many employees are afraid to do so because they fear being retaliated against by their employer or co-workers. It is illegal to be retaliated against in any way because of reporting misconduct in the workplace and employees could be able to file a lawsuit if they were mistreated in this way. Click here to read more about the Whistleblower Act ...

Wrongful Termination
Wrongful termination consists of any termination based on factors unrelated to one's job performance or other legal grounds, or in violation of the procedures legally required in such an action. If you believe your termination was influenced by your race, religion, sex, pregnancy, disability, sexual orientation or similar personal factor, contact our firm. Learn about wrongful termination ...

Legal Help with Employment Law Matters

Moody & Warner has been officially recognized as leaders in employment law each year since 2005 by "Chambers USA - America's Leading Lawyers for Business," including recognition in Chambers Top Tier in 2014. We have helped countless individuals and companies take the needed actions to protect their rights and move forward with their legal issues soundly resolved. Our legal team is also proud of our work with class-action lawsuits, and is ready and willing to assist your group with their legal needs. With more than 50 years of experience, we use our knowledge and skill to find creative solutions for your circumstances and zealously pursue a positive outcome on your behalf.