Do I Have A Claim?

At Moody & Warner, P.C., we assist employees in sorting through the facts of their hostile work environment to determine if they have a claim against their employer. Our firm has served employees for more than 50 years in employment law matters and can provide the legal guidance and answers needed to determine if they should pursue a claim.

Do I Have A Claim? Common Employment Law Questions

Were you treated differently than other employees?

Law does not require employers to be amicable or inconsiderate. If your employer or manager singles you out and discriminates against you or harasses you, there may be room to file a claim against the company.

For a successful claim, you must have been discriminated against or harassed due to a protected status such as age, race, religion, nation of origin, sexual orientation or mental or physical disability. Our attorneys will review the evidence of the hostile work environment to determine if your situation is eligible for a claim.

Discrimination generally involves an employer refusing you an opportunity, such as training, advancement, a position, hiring, sales territory or other opportunity, because of your status. Harassment covers instances where the employer mistreated you or created a hostile work environment.

What is considered sexual harassment?

Sexual harassment can cover a broad range of behaviors or advances. It could include a manager withholding job advancement or opportunities if his or her sexual advances are denied. It could also involve unsolicited comments about appearance, derogatory or obscene jokes or conversations, innuendos or other unwelcome discussion relating to your gender or sexuality.

What is wrongfully terminated?

Employers do not technically have to provide employees a reason for firing them. However, if you were fired because of a protected status, you may have a claim. Also, if you were fired in retaliation because you reported illegal or unethical behavior, or cooperated with government investigations, you likely have a claim.

Was a handbook policy or other company policy violated?

The handbook serves as a contract of sorts between the employer and employee regarding what the employee can expect from that relationship. The policy doesn't have to be listed in a handbook, it could also include written communication or verbal statements. If you have evidence of these policies, however, and they were violated, you may have a claim against your employer, particularly if the policy was violated because you are under a protected status or if other employees were treated differently

How long ago did it happen?

We will look at when the violations occurred and whether the matter is still within the window of opportunity to seek a claim. Generally, these cases are eligible within 300 days of the last day of employment or six years of the last day of violation.

To learn more about how our lawyers can represent you in employment law matters and determine the strength of your claim, please contact our Albuquerque, New Mexico, law firm today at 505-227-8343.