Employment Law in Albuquerque: An Overview
Employment law refers to the relationship between employers and employees, and the legal protections and obligations that apply. In an increasingly litigious environment, both employers and employees should understand their rights and obligations under the law. For employees, employment law can include any of a variety of topics, including but not limited to discrimination, compensation, harassment, retaliation, and wrongful termination. For example, New Mexico law safeguards all employees from wrongful discharge during their employment: "An employee who is discharged may recover damages if the discharge is in retaliation for the employee’s exercise of a right against the employer otherwise conferred by statute or common law." This means discrimination on the basis of age, religion, race, gender, or national origin often falls under the rubric of employment law. The scope of this legal field is much broader than most people realize; businesses, large or small, should educate themselves on the relevant law and seek out experienced legal counsel to avoid pitfalls .
There are many federal and state laws that regulate the employer/employee relationship in New Mexico. Some of these laws include the following:
• Title VII of the Civil Rights Act of 1964;
• Age Discrimination in Employment Act of 1967;
• Fair Labor Standards Act;
• Employee Retirement Income Security Act;
• Immigration Reform and Control Act;
• Employee Polygraph Protection Act;
• Immigration Act of 1990;
• Uniformed Services Employment and Reemployment Rights Act of 1994;
• New Mexico Human Rights Act;
• New Mexico Minimum Wage Act;
• New Mexico Whistleblower Protection Act;
• Workers’ Compensation Act; and
• New Mexico Fraudulent Claims Act;
A skilled Albuquerque employment law attorney can help you determine your eligibility in a wide-array of employment law matters.
The Function of Employment Lawyers
Employment law attorneys in Albuquerque play a crucial role in the lives of their clients. They provide essential legal representation and ensure that their clients’ rights are protected in a wide array of employment-related matters. At the core of their representation is a commitment to integrity, professionalism, and a thorough understanding of the law. Wrongful termination is a significant and common issue that employment law attorneys handle. When an employer unlawfully fires an employee, it can have devastating financial and emotional consequences. An attorney will use their experience to help guide their client through the process of litigating a wrongful termination claim. They will investigate the circumstances leading up to the termination and gauge the likelihood of their client’s success in pursuing a formal action. They will assess the likelihood of recovery and present options to their client. Discrimination in the workplace is another matter that an employment law attorney frequently handles. If an employee is discriminated against based on their gender, race, age, religion, or disability, there are a myriad of legal remedies available to them. These remedies can be pursuing an administrative complaint, filing an EEOC action, or seeking to bring their case before a state or federal court. Each avenue has its own strengths and weaknesses and an experienced attorney will help their client navigate the process in the most effective manner. Persuing a claim for workplace harassment is another primary area of an employment law attorney’s practice. Harassment can come in many forms, such as sexual harassment, workplace bullying, and unfair discipline. Their attorney will help them gather evidence and build their case to represent them in their claim. This is why it is so important to have a knowledgeable advocate advocating on a client’s behalf.
When to Seek the Counsel of an Employment Lawyer
There are a wide variety of situations when an individual or entity would contact a New Mexico employment attorney. The most common situations involve workplace conduct such as an employee termination that could potentially lead to litigation. Contractual disputes are also a common reason to seek legal counsel from an Albuquerque employment lawyer. If such a dispute involves a company’s operations, an attorney may be contacted for risk management purposes.
Major situations that can result in an employee being terminated with the possibility of a lawsuit often involve sexual harassment complaints. Not every complaint will lead to a claim for sexual harassment, but this type of claim does levied by an employee in New Mexico must be addressed in an appropriate manner. Another situation is when an employee complains that such misconduct did not result in discipline as it should have. An employee can claim to have been subjected to sexual harassment by co-workers or even customers.
In New Mexico, contract disputes are common situations that prompt individuals and entities to seek legal representation. Executives and business owners can face financial liability for breach of contract situations that constitute a conflict of interest. To defend themselves from damages, these individuals can consult with an employment lawyer to begin the process of filing a countersuit for comparative fault. Examples of contracts that are often involved in these situations are non-compete and non-disclosure agreements.
Selecting an Employment Lawyer
When it comes to finding the right employment attorney, there are several important criteria to consider. First and foremost, look for experience. An attorney like Jill Jarnagin, with 26 years of experience in employment law, can offer a level of expertise that new or limited-practice lawyers cannot. A seasoned attorney is generally going to be better versed in how judges and juries tend to react to evidence, how insurance companies evaluate potential settlements and both the administrative and litigation processes unique to employment law.
Second, examine the track record of any potential attorney. Ask to see past case results, or read them on their website. Search for online reviews from former clients and pay attention to what their comments say about excellence in customer service , both inside and outside the courtroom. Does the attorney stay in excellent contact with their clients from start to finish? Does the attorney emphasize the importance of being accessible to answer questions, explain strategies and keep the client up-to-date? Does the client feel that their attorney represented their needs and desires throughout the case? Third, select an attorney with whom you are compatible. This is key to ensuring positive communication between you and your attorney, which is essential to your case. If, for example, your attorney prefers that you communicate via email and you want a phone number to connect when needed, that could prove troublesome. Also, your criminal or traffic charge may require you to act fast. A lawyer who communicates solely via email may not be able to respond quickly enough for peace of mind. In addition to choosing an employment attorney compatible with you, you should also select an attorney capable of meeting your needs.
Hiring a Lawyer with Local Experience
Opting for a local attorney carries various benefits, especially when it comes to employment law. A specialized attorney who has an in-depth understanding of New Mexico state laws, regulations, and local judicial practices can make an enormous difference in the outcome of your particular case. Local familiarity means that the attorney knows the intricacies of federal and state employment laws that are unique to Albuquerque. New Mexico has its own employment rules on matters such as at-will employment, overtime, wage payment, wrongful termination, and workers’ compensation – all of which your employment law attorney can help you navigate more easily. Additionally, a local Albuquerque attorney will have close relationships with other practicing attorneys in the area, opposing counsels, judges, and court personnel. Because of these established relationships and central location, your attorney may be able to expedite deadlines, file documents, and even meet with you more regularly. Above all, a lawyer who specializes in New Mexico employment law will be well-versed in both state and federal laws and regulations. Federal laws in the workplace cover any business with one or more employees, regardless of the number of hours they work. These laws include Title VII discriminatory practices, the Equal Pay Act, Family Medical Leave Act (FMLA), Pregnancy Discrimination Act, National Labor Relations Act, and Americans with Disabilities Act (ADA).
Employment Law FAQs
Common questions clients in Albuquerque might have about employment law:
How do you charge for your services?
We charge a nominal consultation fee to meet with prospective clients, and the fee is applied to your matter if you hire us. We can also manage a matter for a flat fee if the legal issue has a definite end and you want to know upfront what your matter will cost.
Why should I hire you to help with my employment law legal issue?
All of the attorneys with whom I work have a great deal of experience , and we all make a point to be readily accessible to our clients. Our clients will tell you that we provide high quality legal representation.
Where will my case be filed?
Most matters are filed in the United States District Court for the District of New Mexico unless the claim is a state law claim that does not fall under Federal Court jurisdiction.
Do I really have a case?
If your employer did something illegal or breached a contract, yes. We offer free telephone consultations, so we can discuss your situation and let you know the merits of your claim quickly.