Las Cruces, NM Employment Lawyer

If you believe that you are being treated unfairly in the workplace, not paid a fair wage, or that your rights as a worker are being violated, contact a Las Cruces, NM employment lawyer today to receive help. Listed below are just a few areas of practice pertaining to compensation and wages that an employment lawyer can assist with. No matter if your case fits into these practice areas or not, reach out to a lawyer at David & Valdez P.C. to learn how they can help you receive compensation and begin to recover from your workplace incident.

Compensation

The law requires that, when an employee is the victim of a work-related illness or injury, they receive a certain percentage of their wages while they recover and their medical bills will be paid for. Unfortunately, employers and insurance companies may not fully comply with these laws. If you have suffered from a workplace injury or illness, our employment lawyer can help you file your claim and fight to see that you are paid what you deserve. You may also be entitled to compensation for losses relating to pain and suffering, emotional trauma, or damaged property. Our lawyer will help you determine which damages you are eligible to file for, what you are owed from your employer, and will ensure that your rights are protected while you are on your path to recovery.

Minimum Wage

The federal minimum wage for covered nonexempt employees is $7.25 per hour. If your employer attempts to pay you below minimum wage, contact a lawyer. Likewise, if you are discriminated against or fired for questioning payment below minimum wage, contact a lawyer. You have rights as a worker and your right to minimum wage is an important one. If your employer violates this right, first file a claim with the Department of Labor and speak to an employment lawyer about your case. A lawyer has experience and specific knowledge of labor laws, and they will help you gather evidence, build your case, and win compensation.

Nonpayment of Wages

If your employer is withholding pay that you have lawfully worked for and earned, you must contact a lawyer. Withholding lawfully earned wages is against the law, and you are entitled to receive what you are owed in full. If your employer is withholding wages from you, you can take action to ensure that you are paid what you deserve. First, discuss the matter with your employer in detail and in writing to ensure that their withholding of wages is not a mistake. If they still will not pay you, file a claim with the Department of Labor and contact an employment lawyer. Document how much you have earned, what you have been paid, how much your employer is withholding from you, and for how long they have been withholding your wages. Give all this information to your lawyer, and they will help you navigate the law and receive the full compensation that you are owed.

Overtime Pay

Just as with minimum wage and nonpayment of wages disputes, an employment lawyer can help you if you are not receiving the required pay for overtime work. According to the Fair Labor Standards Act, hours worked over 40 hours in one work week must be paid at least 1.5 times the rate of regular pay. (This does not include work on weekends or holidays unless overtime hours are worked on these days). If you have worked overtime and not received the full compensation that you are owed, contact a Las Cruces employment lawyer to see if they can help you. You may be entitled to receive unpaid wages, interest, extra penalties, and recoupment of legal fees. 

Contacting a Lawyer

If you have a workplace compensation dispute about an injury, pay below minimum wage, nonpayment of wages, or failure to adequately pay for overtime work, a lawyer can help you recover the amount that you are owed and potentially more. Contact a lawyer at David & Valdez P.C. today to receive a free consultation and find out how they can help you with your case.

Your Advocate In The Workplace

Las Cruces Employment Lawyer

If you are employed in New Mexico you have certain rights under the law. These rights are protected by employment laws, which are enforced by the Equal Employment Opportunity Commission (EEOC) and the New Mexico Department of Labor. If your employer has violated your rights, you may be entitled to compensation. An experienced lawyer can help you understand your rights and options and can represent you in court if necessary.

What Do Employment Lawyers Do?

These lawyers can help you with a variety of employment law issues, including:

• Discrimination. Discrimination is illegal in the workplace. If you have been discriminated against because of your race, religion, sex, age, national origin, or disability, you may be able to file a lawsuit against your employer.
• Harassment. Harassment is also illegal in the workplace. If you have been harassed by your employer or a co-worker, you may be able to file a lawsuit.
• Wrongful termination. Wrongful termination is the termination of employment without a valid reason. If you have been wrongfully terminated, you may be able to file a lawsuit against your employer.
• Retaliation. Retaliation is the act of punishing an employee for exercising their legal rights. For example, if you file a complaint about discrimination or harassment, and are then fired or demoted, this may be considered retaliation.

Employment Infographic

Las Cruces Employment Law Statistics

According to the Equal Employment Opportunity Commission (EEOC), there are more than 65,000 charges of discrimination filed with the agency each year. The most common types of discrimination claims the agencies receive include:

• Age
• Color
• Disability
• Genetic information
• National origin
• Race
• Religion
• Retaliation
• Sex

If you are a victim of employment discrimination, contact our office to speak with an employment discrimination lawyer to find out what legal recourse you may have.

How To Choose An Employment Lawyer

When choosing a Las Cruces employment lawyer, it is important to consider the following factors:

• Experience. Choose a lawyer who has experience handling employment law cases.
• Reputation. Choose a lawyer with a good reputation in the community.
• Communication style. Choose a lawyer who communicates clearly and effectively.
• Fee structure. Choose a lawyer whose fee structure is affordable for you.

Contact Us Today

If you have been the victim of employment law discrimination, harassment, wrongful termination, or retaliation, contact our firm today for a free consultation. We will fight for the compensation you deserve.

If you have been the victim of employment law discrimination, harassment, wrongful termination, or retaliation, contact us today for a free consultation. We will fight for the compensation you deserve.

Additional Information

In addition to the above, here are some other things to keep in mind about employment law in New Mexico:

• The minimum wage in New Mexico is $11.50 per hour.
• Employers in New Mexico are required to provide employees with unpaid sick leave. Employees are entitled to earn one hour of sick leave for every 30 hours worked.
• Employers in New Mexico are required to provide employees with unpaid parental leave. Employees are entitled to 12 weeks of unpaid parental leave per year.
• New Mexico has a law that prohibits employers from retaliating against employees who file complaints about discrimination or harassment.

If you have any questions about your employment rights in New Mexico, you should contact our office.

How To Respond To Wrongful Termination 

If you or a loved one have been let go from your job, it would be wise to contact our office.  Those in this position might wonder if the termination was justified or if their dismissal falls under the category of an unlawful release. Legal professionals are here to guide you through the process of understanding if your termination might have been wrongful and the steps you can take to address this situation effectively.

What Constitutes An Unlawful Release From Employment?

An unlawful release from employment occurs when an employee is dismissed for reasons that violate state or federal law. This can include termination based on discrimination, retaliation, violation of employment contracts, or failure to comply with workplace laws. It’s important to recognize these unlawful reasons because they form the foundation of a potential legal claim against an employer.

Recognizing Discrimination In The Workplace

Discrimination happens when an employee is terminated based on personal attributes such as age, race, gender, religion, or disability. If you suspect your dismissal was influenced by such factors, it might signify a wrongful termination. Identifying discriminatory remarks or unequal treatment can be key evidence in such cases.

Understanding Retaliation By Employers

Retaliation occurs when an employer punishes an employee for engaging in legally protected activities. This can include filing a complaint about workplace safety, discrimination, or participating in an investigation against the employer. If your termination followed shortly after such activities, you might be looking at a case of retaliation.

Evaluating The Legality Of Employment Contracts

Sometimes, the terms of an employment contract can be violated during a termination. If your contract specifies conditions under which you can be terminated and those conditions were not met, your dismissal could be considered unlawful. It’s crucial to review the terms of any contract you signed at the onset of employment to assess this aspect.

Steps To Consider If You Suspect Wrongful Termination

If you believe your termination was wrongful, it’s vital to collect all relevant documentation, such as emails, messages, and any written evaluations or reports from your time at the company. 

How To Seek Legal Recourse

Legal action may be an advisable route if your case warrants it. This typically begins with filing a claim with the appropriate government agency, like the Equal Employment Opportunity Commission (EEOC) for discrimination cases, before pursuing any lawsuit. Our employment lawyer can help you navigate these filings and represent you in dealings with your former employer or in court.

If you’re dealing with the fallout from a job termination and suspect it might have been unjust, remember, you’re not alone. We encourage you to reach out to us. Our team of award-winning lawyers is committed to providing the support and counsel you need to assess and respond to your situation. With decades of experience under our belt, we believe in standing by our clients every step of the way to ensure their rights are upheld and to help them move forward during this challenging time. Contact us today!

The Importance Of Employment Contracts

We understand that employment contracts are a cornerstone of any professional relationship. They set the foundation for expectations, responsibilities, and protections for both employers and employees. While these documents can seem daunting, understanding their importance can significantly impact the success and stability of your business and professional life.

Why Are Employment Contracts Necessary?

Employment contracts serve as a formal agreement between an employer and an employee, outlining the terms of employment. These contracts provide clarity on job roles, responsibilities, and compensation, reducing the potential for misunderstandings. According to our team, they also offer legal protection by defining the rights and obligations of both parties, helping to prevent disputes, and fostering a transparent working relationship.

What Should Be Included In An Employment Contract?

A comprehensive employment contract should include several key elements. These typically cover the job title and description, salary and benefits, working hours, and duration of employment. It’s also important to address confidentiality agreements, non-compete clauses, and termination conditions. Including these details ensures that both parties have a clear understanding of their commitments and what to expect throughout the employment period.

How Do Employment Contracts Benefit Employers?

For employers, employment contracts are invaluable tools for protecting business interests and ensuring operational stability. These agreements help set clear expectations for employee performance and behavior, which can lead to increased productivity and morale. Additionally, by outlining terms such as confidentiality and non-compete clauses, employers can safeguard their proprietary information and maintain a competitive edge in their industry.

How Do Employment Contracts Protect Employees?

Employment contracts offer significant protections for employees as well. They provide a clear outline of job expectations, compensation, and benefits, ensuring that employees know what they are entitled to. Furthermore, these contracts can include clauses that protect employees from unfair dismissal and ensure that they receive appropriate notice and compensation if their employment is terminated. This legal framework helps create a secure and fair working environment.

Without an employment contract, both employers and employees face increased risks and uncertainties. Verbal agreements or informal understandings can lead to miscommunications and disputes, as there is no written record of the terms agreed upon. In the absence of a contract, it becomes challenging to enforce any agreed-upon terms, leaving both parties vulnerable to potential legal issues. Having a formal contract in place provides a clear, enforceable document that can be referred to if any disagreements arise.

Ensuring Professional Security

Employment contracts are more than just formalities; they are essential tools for building trust and security in the professional realm. They provide a solid foundation for the employer-employee relationship, promoting clarity and fairness.

With over fifty years of legal experience, our team is committed to supporting your business and professional needs. A Las Cruces employment lawyer can assist you in drafting comprehensive employment contracts that protect your interests. Reach out to us today to ensure that your employment agreements are robust and tailored to your specific needs. Let’s work together to create a secure and prosperous future for your business and your employees.