Employment Law

The Dangers of Secretly Recording a Conversation to which you are not a party

In Texas you can record someone without their knowledge as long as you are part of the conversation. But there is no leaving hour cell phone in a room and leaving so you can hear or record what the people in the room say when you leave is extremely dangerous and could be a second

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At-Will Employment in New Mexico. But there exceptions.

In New Mexico at-will employment is still alive and well.  In Melnick v. State Farm the Court stated that  “Employers are entitled to be motivated by and to serve their own legitimate business interests, and they must have wide discretion and flexibility in deciding who they will employ in an uncertain business world.” The employers’ interests

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What do you do when you first have a work injury?

Did you give your employer sufficient notice that you were injured at work? Can you prove it? If not, you may be denied coverage for your work injury. If your employer carries workers’ compensation what is the first thing that you should do? I see people every week who come in to see me because

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How far back can you sue your employer for not properly paying overtime or minimum wage?

The Fair Labor Standards Act (FLSA) allows you to go back and collect 2 years of back wages for the nonpayment of overtime or minimum wage unless the employer’s actions are “willful” in which case you can go back 3 years. In the case of Hoenninger v. Leasing Enters, (2020) the employee’ appealed the trial

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What do you do if Texas Unemployment claims they overpaid you and it is not your fault?

Many people who claimed unemployment in the El Paso area have claimed Unemployment Benefits because of they were laid off or terminated from their jobs. However, many are receiving letters demanding repayment of unemployment benefits because the state of Texas claims they were either not entitled to the benefits they received or were overpaid. This

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The 19th Amendment is 100 years old today (Right of Women to Vote)

Women have come a long way in 100 years. It is hard to believe that women suffrage is a mere 100 years old and that many of us have grandmothers who could not vote at some point in their lives. It is hard from today’s perspective to understand why women were prohibited from voting until

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