Employment Claims And Damages
When an employee’s workplace rights have been violated, such as cases involving discrimination, he or she has the legal right to file a claim with the New Mexico Human Rights Division (HRD) or Equal Employment Opportunity Commission. After the claim has been investigated, both parties will be given the opportunity to participate in a mediation to resolve the dispute. The employee can also file a lawsuit. If the court rules in favor of the employee, the employer can be ordered to reinstate the employee or, if the position has already been filled, compensate the employee for any lost wages. In a case involving the violation of federal laws, the employee must file a claim before a lawsuit can be initiated.
Certain types of employment lawsuits can also result in punitive damages, which is a type of compensation that is intended both as a punishment and to set an example to others. Punitive damages may be awarded when the court considers the employer’s harmful and illegal acts were intentional and committed with malice or reckless indifference. If an employee has filed a claim or lawsuit, it is strongly advised that you contact an experienced attorney to discuss the case, to get better informed as to your rights and legal options.
Dedicated Legal Assistance
Our firm, Moody & Stanford, specializes in employment law and can assist you in any case involving an employee claim, including:
- Workplace discrimination
- Sexual harassment
- FMLA violations
- Unpaid wages
- Wrongful termination
We have successfully represented many employers in employment disputes and can help map out a strategy to dispute the allegations.